ABSTRACT
This chapter outlines some general economic assumptions with regard to international trade; some specific legal assumptions with regard to international trade; and some lessons from the relevant case-law of the Court of Justice of the European Communities. It highlights the possibilities to strengthen the General Agreement on Tariffs and Trade/MTN rules on international trade through national measures of implementation. The possibility for private parties to invoke such rules against their national authorities therefore depend on the content of the national measures for their implementation. The need or the time-limits of temporary restrictions can be tempered or even avoided by policies to meet expansion of internal demand in countries with a balance-of-payment surplus and by temporary financial assistance by the International Community. The effectiveness of judicial review of national measures of implementation of MTN codes and their application in individual cases necessarily depends on legal principles applied in the general system of judicial review in the country concerned.
