Title: The World Trade Organization Dispute Settlement System: Embedded in Public International Law?
Abstract: Article 3.2 of the World Trade Organization (WTO) Understanding on the Rules and Procedures Governing the Settlement of Disputes (DSU), and WTO panel decisions confirm that the WTO is 'embedded' to some extent into the wider corpus of public international law. The degree to which WTO dispute settlement is embedded into public international law depends on whether the public international legal norms at issue are procedural in scope, or substantive in nature. WTO panels have shown little hesitation to 'close the gaps' left by a procedurally-bare DSU with reference to established norms of procedural public international law. Substantively, however, the role or relevance of public international law is less clear. WTO panels here have adopted three approaches to substantive international law: an isolationist approach, in refusing to engage in non-WTO public international legal obligations; an integrated approach, in engaging in these non-WTO public international legal obligations; and a mixed or hybrid approach, in referring to said non-WTO public international legal obligations, before summarily dismissing further analyses owing to limiting provisions of the DSU. Until such time as the WTO’s diverse membership falls in agreement on the precise role substantive public international law is to play in WTO dispute settlement, the authors anticipate that WTO panels will continue to struggle with delineating the bounds of the WTO’s relationship with substantive public international law.
Publication Year: 2012
Publication Date: 2012-02-13
Language: en
Type: article
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Cited By Count: 1
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