Equity and Equitable Principles in the World Trade Organization: Addressing Conflicts and Overlaps between the WTO and Other Regimes

Author: Anastasios Gourgourinis
Publisher: Routledge
ISBN: 9780815355304

Published In: January 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415715485

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Description
Contents

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This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes.

Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law.

The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

1. WTO Adjudication and the Normativity of Equity in International Law

2. The Applicability of Equity and Equitable Principles as General International Law in WTO Adjudication

3. The Applications of Equity and Equitable Principles in WTO Adjudication

4. Equity and Equitable Principles as Interstitial Norms in WTO Adjudication

5. The Trans-Systemic Operation of Equity In WTO Adjudication as a 'Positive Catalyst' for Regime Harmonization

6. The Inter-Systemic Operation of Equity in WTO Adjudication as a 'Negative Catalyst' against Regime Collisions

7. Conclusion