Adjudicative Legitimacy and Treaty Interpretation in International Trade Law: The Early Years of WTO Jurisprudence

Adjudicative Legitimacy and Treaty Interpretation in International Trade Law: The Early Years of WTO Jurisprudence

Description

The creation of the World Trade Organisation (WTO) in 1995 has often been identified with the establishment of a system for adjudicative resolution of disputes which, in its effectiveness and sophistication, surpasses what has been achieved by other international tribunals, such as the International Court of Justice. Under the WTO, member states have access to dispute settlement as of right. A ruling will be adopted as binding unless all the members, including the winning party, vote against its adoption (negative consensus). Determinations of when and how the losing party must act to implement a ruling are subject to arbitration. Should the losing party not implement a ruling in accord with the findings of the arbitrator, retaliation (a withdrawal of trade concessions to the losing party by the winning party) is automatically authorised. This chapter looks at the legitimacy of adjudication and dispute settlement during the first four years of WTO jurisprudence. The role of fair procedures as well as integrity and coherence in legal interpretation in the legitimation of adjudicative decisions is examined.

Source Publication

The EU, the WTO, and the NAFTA: Towards a Common Law of International Trade?

Source Editors/Authors

J. H. H. Weiler

Publication Date

2000

Adjudicative Legitimacy and Treaty Interpretation in International Trade Law: The Early Years of WTO Jurisprudence

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