ABSTRACT
This chapter deals with the understanding on the role the Court of Justice of the European Union (CJEU) plays in giving effect to the European Union's (EU) foreign policy. The judicial restraint exercised by the CJEU has the logical consequence of giving more freedom to the Commission and the Council on how to deal with EU–Asia trade disputes. In principle, as a general rule, only if a trade dispute comes within the scope of association agreement with an Asian country, the CJEU would have a role to play in dealing with the consequences of such a dispute. The Court has linked the effects of dispute settlement decisions to the effects of the international agreement that established the dispute settlement mechanism. If the Court’s practice would remain the same, the other EU institutions would be the main gatekeepers of how decisions of international disputes bodies enter into the EU.
