Of Courts and Commerce

Courts often interpret and attempt to enforce rules designed to economically integrate federal and international organizations. In this article, we investigate to what degree court rulings can liberalize trade by examining data from the European Court of Justice (ECJ). Studying the ECJ allows us to...

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Bibliographic Details
Published in:The Journal of politics 2012-10, Vol.74 (4), p.1125-1137
Main Authors: Gabel, Matthew J., Carrubba, Clifford J., Ainsley, Caitlin, Beaudette, Donald M.
Format: Article
Language:English
Subjects:
Commerce
Court decisions
Courts
Demand side management
Economic integration
Effectiveness
Europe
European Court of Justice
European Union
Exports and Imports
Federal states
Free Trade
Government
Import volume
Imports
Infringement
International Court
International Economic Organizations
International jurisprudence
International organizations
International trade
Judgement
Legal judgments
Legal proceedings
Member states
Organizational effectiveness
Single European market
Trade
Trade legislation
Trade liberalization
Trade policy
Treaties
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Summary:Courts often interpret and attempt to enforce rules designed to economically integrate federal and international organizations. In this article, we investigate to what degree court rulings can liberalize trade by examining data from the European Court of Justice (ECJ). Studying the ECJ allows us to compare the Court’s effectiveness through two different mechanisms: infringement proceedings, which are purely a form of international adjudication, and preliminary references, which are applied through national courts. We find infringement rulings have no effect on a nation’s intra-EU imports, while preliminary rulings have a positive, though temporary, effect on a nation’s intra-EU imports.
ISSN:0022-3816
1468-2508
DOI:10.1017/S0022381612000679