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Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller
Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller
Northwestern Journal of International Law & Business
This comment will explore the judicial development of standards applied in analyzing state trading under Article 37. The success of Article 37 in curtailing the harmful effects of state trading is in marked contrast with the attempts to regulate state trading found within the General Agreement on Tariffs and Trade (GATT).4 In part, this can be explained by the development of judicial rather than political standards for limiting the role of state monopolies within the EEC. The European Court of Justice (ECJ) has chosen to focus on the effects of state trading, banning the practice when used to disguise quotas, …