‘Rights and Obligations’ in WTO Law

Abstract

The phrase “rights and obligations” recurs frequently in WTO law and suggests a fundamental dualism about WTO legal relations. Each WTO obligation is thought to be matched by a single, corresponding right. However, a close look at WTO law reveals that the phrase is, at best, a portmanteau term for a diversity of legal relations involving both rights and obligations, but also privileges and “no rights”, powers and liabilities, immunities and disabilities. This working paper seeks to illuminate the rich array of legal relationships under WTO law and to identify some issues arising from their recognition in WTO decision-making.