Legal Principles in WTO Disputes

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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.
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Editorial Reviews

From the Publisher
"The book is short and easy to read, but it still provides a comprehensive discussion of the different issues involved in international commercial arbitration from an international and practical perspective, a sure benefit to the practicing professional."
International Law and Politics, Aaron Bloom
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Product Details

Meet the Author

Dr Andrew D. Mitchell is a Professor at Melbourne Law School. Andrew studied law at the University of Cambridge (PhD), Harvard Law School (LLM) and Melbourne Law School (LLB (Hons), Grad Dip Intl L). In 2007, following a nomination by the Australian government, the WTO's Dispute Settlement Body added him to the Indicative List of Governmental and Non-Governmental Panelists to hear WTO disputes. From 2003–2005, Andrew was a Consultant to the International Monetary Fund in Geneva, focusing on WTO issues. He has previously worked with the Organisation for Economic Co-operation and Development (OECD), Davis Polk and Wardwell, and Allens Arthur Robinson. Andrew also consults for the private sector and governmental and non-governmental organisations including the International Development Law Organization, the Canadian International Development Agency and the World Health Organization. He has held visiting positions at the Lauterpacht Research Centre for International Law, the British Institute of International and Comparative Law, the London School of Economics, the International Arbitration Group of WilmerHale and the Institute of International Economic Law.

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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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