Legal Principles in WTO Disputes

Legal Principles in WTO Disputes

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by Andrew D. Mitchell
     
 

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies… See more details below

Overview

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law, and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. This framework should allay fears and misconceptions about principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

Product Details

ISBN-13:
9780521873260
Publisher:
Cambridge University Press
Publication date:
12/31/2008
Series:
Cambridge Studies in International and Comparative Law Series, #61
Pages:
366
Product dimensions:
5.80(w) x 9.00(h) x 1.00(d)

Table of Contents

Detailed chapter outline ix

Table of WTO agreements xvi

Table of WTO cases xvii

Table of general abbreviations xix

Table of WTO award and report abbreviations xxii

Foreword xlix

Acknowledgements li

1 Introduction 1

Part I A framework for principles 29

2 Principles of particular relevance to the WTO 31

3 Legal basis for using principles in WTO disputes 67

Part II Selected principles examined 105

4 Good faith 107

5 Due process 145

6 Proportionality 177

7 Special and differential treatment 238

8 Conclusion 267

Bibliography 274

Index 295

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