Title: Re-Conceptualising the Role of Science in International Trade Disputes
Abstract: Science has been traditionally characterized as an objective discipline that is free of values and which leads to definitive knowledge. In the GATT/WTO system, science is elevated as the ultimate arbiter of international trade disputes. This article intends to critically evaluate, and re-conceptualize, the role of science in distinguishing disguised trade protectionism and legitimate government regulation. Drawing insights from psychology and behavioral science, I first set forth two simple normative principles that should be followed where science is to be used an arbiter in trade disputes. I then proceed to examine to what extent the current WTO case law has deviated from these normative principles. I conclude that, contrary to popular claims against the WTO’s intrusion into domestic regulatory sphere, WTO members enjoy wide discretion to address pervasive scientific uncertainty. Nevertheless, it remains possible that a rigorous use of science will bring WTO rules into direct conflict with national democracy in some highly value-laden and politically sensitive disputes.
Publication Year: 2018
Publication Date: 2018-05-17
Language: en
Type: article
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