Direct Effect of International Agreements in the EU Legal Order: Does it Depend on the Existence of an International Dispute Settlement Mechanism?

The ECJ has in various occasions insisted on the existence of dispute settlement mechanisms when determining the direct effect of international agreements. Unfortunately, it has provided no clear answer to the question of the impact of such mechanisms on direct effect. In this respect, the case law of the ECJ is sometimes difficult to appraise with its alternation of judicial activism and self-restraint. Indeed, various types of dispute settlement mechanisms can be established at the international level having a different impact on the issue of direct effect. The author shows that the existence of international dispute settlement mechanisms does play a role in determining direct effect not per se, but as an element to be taken into consideration when examining the nature and purpose of the particular agreement at hand.