National Law in WTO Law: Effectiveness and Good Governance in the World Trading System

National Law in WTO Law: Effectiveness and Good Governance in the World Trading System

by Sharif Bhuiyan
     
 

ISBN-10: 0521875315

ISBN-13: 9780521875318

Pub. Date: 11/12/2007

Publisher: Cambridge University Press

This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws

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Overview

This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws and administrative, judicial or quasi-judicial measures. Consequently, much of the WTO dispute settlement decisions and rulings relate in different ways to Members' national laws. Yet, up until the publication of this book, there was no systematic analysis of this vastly important subject. This book provides a thorough map of an increasingly complex field. In doing so, it extends the enquiry beyond well-known formulas and combines practical analysis with principled discussion of how the treatment of national law in international law can and should ensure effectiveness of international rules and promote good governance within nation-states.

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Product Details

ISBN-13:
9780521875318
Publisher:
Cambridge University Press
Publication date:
11/12/2007
Series:
Cambridge Studies in International and Comparative Law Series, #55
Pages:
360
Product dimensions:
5.98(w) x 8.98(h) x 0.94(d)

Table of Contents

1 Introduction 1

2 National law in international law 29

3 Systemic WTO obligations regarding national law 43

4 WTO dispute settlement procedures and national law 86

5 The problem of characterization 121

6 Standard of review 144

7 National law as a question of fact 207

8 Mandatory and discretionary legislation 244

9 Conclusion 270

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