Abstract

WTO dispute settlement body is not a court of general jurisdiction and the WTO’s dispute settlement system can hear only claims based on WTO law. However, according to Pauwelyn, the WTO member country cannot bring a case in the DSB against another member country for not honouring a non-WTO public international law obligation, but can use public international law as a defence to deviate from its WTO obligations. This assignment provides the critique that does not support Pauwelyn’s argument by analysing the Dispute Settlement Understanding (DSU) provisions and the WTO jurisprudence.

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