Intent of Congress Clause Samples

Intent of Congress. It is the intention of the Congress through paragraph (1) to occupy the field with respect to any cause of action or defense under or in connection with any of the Uruguay Round Agreements, including by precluding any person other than the United States from bringing any action against any State or political subdivision thereof or raising any defense to the application of State law under or in connection with any of the Uruguay Round Agreements– (A) on the basis of a judgment obtained by the United States in an action brought under any such agreement; or (B) on any other basis.” The Statement of Administrative Action is perhaps more categorical than the statute concerning the preclusion of direct effect, particularly as it might relate to actions as between private parties. It says, inter alia: “A private party thus could not sue (or defend suit against) the United States, a state or a private party on grounds of consistency (or inconsistency) with those [WTO] agreements.” Id. at 20. 73 Opinion 1/94 of 15 November 1994 [1994] ECR I-5267, para 105.