Standards of Review in WTO Dispute Resolution

Overview


This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can over-ride the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel ...
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Overview


This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can over-ride the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings.

To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice which has emerged through panel and Appellate Body reports is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.

Standards of Review in WTO Dispute Resolution is a significant contribution to a perplexing subject. It also contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.

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Product Details

  • ISBN-13: 9780199268924
  • Publisher: Oxford University Press, USA
  • Publication date: 12/28/2003
  • Series: International Economic Law Series
  • Pages: 296
  • Product dimensions: 9.30 (w) x 6.30 (h) x 1.10 (d)

Meet the Author

Matthias Oesch is Senior Research Fellow at the Department of Economic Law of the University of Berne, and Legal Adviser in the Division of World Trade of the Federal Department of Economic Affairs, Switzerland.

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Table of Contents

Introduction
Part I Foundations
1. The Definition of Standards of Review
2. The Functions of Standards of Review
3. The Rationales for Judicial Restraint
4. GATT 1947 and the Uruguay Round Negotiations
5. Standards of Review in the WTO Legal Texts
Part II Standards of Review Relating to Questions of Facts
6. The General Framework and the Method of Fact-Finding
7. 'Raw' Evidence and Factual Conclusions
8. Miscellaneous Matters
Part III Standards of Review Relating to Questions of Law
9. WTO Law
10. Domestic Law
11. International Law
Concluding Summary
Bibliography
WTO Reports
GATT 1947 Reports
Index

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