Legal Principles in WTO Disputes
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- Author: Andrew D. Mitchell, University of Melbourne
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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.Read more
- 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 offering 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
Reviews & endorsements
"The book is short and easy to read, but it still provides a comprehensive discussion of the different issues involved in international commercial arbitration from an international and practical perspective, a sure benefit to the practicing professional."
International Law and Politics, Aaron Bloom
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- Date Published: February 2010
- format: Adobe eBook Reader
- isbn: 9780511669125
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
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
7. Special and differential treatment
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