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Extra resources for Basic Legal Instruments for the Liberalisation of Trade: A Comparative Analysis of Ec and Wto Law (Studies in International Trade Law)
C. Shallow v Deep Integration While the previous distinctions are mostly based on the characteristics of the several legal instruments employed in the liberalisation of trade, the distinction at hand, it is here submitted, has to do with level of “intrusiveness” of these instruments in Members’ regulatory prerogatives. Although the terms “shallow integration” and “deep integration” are increasingly being employed by scholars,87 their predominant definition does not appear to be satisfactory. For example, according to Kahler, there seems to be an equivalence between “border barriers” and “shallow integration”, on the one hand, and “domestic barriers” and “deep integration”, on the other.
Like antidumping and countervailing duties they are usually subject to specific disciplines and will thus not be considered in the present analysis. 41 See P Eeckhout, The European Internal Market and International Trade: A Legal Analysis (Oxford, Clarendon Press, 1994) at 11; P Mengozzi, “I servizi nell’Organizzazione Mondiale del Commercio” in SIDI (Società Italiana di Diritto Internazionale), Diritto ed organizzazione del commercio internazionale dopo la creazione della Organizzazione Mondiale del Commercio, Il Convegno, Milano 5–7 giugno 1997 (Editoriale Scientifica, 1998).
In other words, it is here submitted that the real difference between the two (or three) instruments is in their degree of “precision”: general principle (non-discrimination), specified objective (directive), detailed provisions (regulation). Let us now examine the origin or nature of the three above-mentioned instruments. Borrowing the terminology of national legal systems, the principle of non-discrimination could be seen as embodying a “constitutional” principle, while directives and regulations could be seen as representing “legislative” enactment.