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Legal Principles in WTO Disputes

Legal Principles in WTO Disputes

Legal Principles in WTO Disputes

Author: Andrew Mitchell
Publisher: Cambridge University Press
ISBN: 9781107401631
Published In: November 2011
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law, and the meaning of the principle in public international law.

This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

Examines how the WTO interacts with public international law, allowing WTO and public international lawyers to see the connections between bodies of law that are sometimes compartmentalised
Discusses the roles of international law and legal theory in WTO disputes, while taking into account practical ramifications. Thus offers a balance between theory and practice
The problems with the current situation are made clear to readers, and the book also provides a clear framework for resolving them

Contents:: 1. Introduction; Part I. A Framework for Principles; 2. Principles of particular relevance to the WTO; 3. Legal basis for using principles in WTO disputes; Part II. Selected Principles Examined; 4. Good faith; 5. Due process; 6. Proportionality; 7. Special and differential treatment; 8. Conclusion.

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