Legal Principles in WTO Disputes

ISBN-13: 9780521873260 / Angielski / Twarda / 2008 / 366 str.

Andrew D Mitchell

Opis

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.

Recenzje

Review of the hardback: 'The book is well structured, clearly written and eminently readable (which is an achievement in and of itself, given the complexity of the subject matter). In addition, Dr Mitchell does not shy away from using scholarship and development in other fields in the course of his arguments … an important resource and excellent starting point for the consideration of issues surrounding the use of legal principles within the WTO context … Dr Mitchell's book is an eminently useful and worthy addition to any collection of trade law literature and a valuable resource for academic, practitioner or student.' Journal of International Economic Law

Spis treści

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.