A Theory of WTO Law
In: Journal of international economic law, Band 11, Heft 3, S. 527-557
ISSN: 1464-3758
In: Journal of international economic law, Band 11, Heft 3, S. 527-557
ISSN: 1464-3758
In: Columbia studies in WTO law and policy
SSRN
Working paper
This book was originally published in 2007. Developing countries make up the majority of the membership of the World Trade Organization. Many developing countries believe that the welfare gains that were supposed to ensue from the establishment of the WTO and the results of the Uruguay Round remain largely unachieved. Coming on the heels of the 9/11 terrorist attacks, the ongoing Doha Development Round, launched in that Middle Eastern city in the fall of 2001, is now on 'life support'. It was inaugurated with much fanfare as a means of addressing the difficulties faced by developing countries within the multilateral trading system. Special and differential treatment provisions in the WTO agreement in particular are the focus of much discussion in the ongoing round, and voices for change are multiplying because of widespread dissatisfaction with the effectiveness, enforceability, and implementation of those special treatment provisions
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 35, Heft 3, S. 283-294
ISSN: 1566-6573, 1875-6433
In: Trade and the Environment, S. 353-372
In: Trade and the Environment, S. 373-395
In: American journal of international law: AJIL, Band 102, Heft 3, S. 421-474
ISSN: 2161-7953
This article provides a critical assessment of the corpus of law that the adjudicating bodies of the World Trade Organization (WTO)—the Appellate Body (AB) and panels—have used since the organization was established on January 1, 1995. After presenting a taxonomy of WTO law, I move to discern, and to provide a critical assessment of, the philosophy of the WTO adjudicating bodies, when called to interpret it. In discussing the law that WTO adjudicating bodies have used, I distinguish between sources of WTO law and interpretative elements. This distinction will be explicated in part I below. Part II provides a taxonomy of the sources of WTO law, and part III a taxonomy of the interpretative elements used to illuminate those sources. Part IV concludes.
In: in Claudio DORDI (edited), THE ABSENCE OF DIRECT EFFECT OF WTO IN THE EC AND IN OTHER COUNTRIES, The Interuniversity Centre on the Law of International Economic Organizations (CIDOIE), Giappicchelli Editore, Turin 2010, pp. 323-330. ISBN 978-88-348-9623-5
SSRN
In: Trade and the Environment, S. 69-92
In: The Italian Yearbook of International Law Online, Band 18, Heft 1, S. 117-136
ISSN: 2211-6133
In: Schriftenreihe zum internationalen Steuerrecht 45
In: Texas international law journal, Band 42, Heft 3, S. 371-428
ISSN: 0163-7479