Abstract
Abstract This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.
Highlights
The Dispute Settlement System (DSS) of the World Trade Organisation (WTO) was one of the greatest achievements of the Uruguay Round negotiations, via free accessVentouratou which radically changed the landscape of international trade
The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the World Trade Organization (WTO) Agreements is part of the inherent powers of WTO adjudicative bodies
In view of the above, this paper argues that, whereas the pool of rules under customary international law relevant to the interpretation of the WTO Agreements may be larger, only the rules of ‘general international law’, the common international law for all the questions which it does not itself resolve in express terms and in a different way’. 65 Case Concerning the Right of Passage over Indian Territory (Portugal v India) (Preliminary Objections, Judgment) [1957] International Court of Justice (ICJ) Rep 125, 142
Summary
The Dispute Settlement System (DSS) of the World Trade Organisation (WTO) was one of the greatest achievements of the Uruguay Round negotiations,. Through an examination of WTO law and an in-depth analysis of the relevant WTO case law, it seeks to establish a methodology for taking into consideration rules of general international law, such as the rules on state responsibility, based on the customary rules of treaty interpretation and the principle of lex specialis. This matter is of great significance in the context of WTO adjudication. The analysis contributes to the strand of academic literature which suggests that WTO adjudicative bodies should properly place the WTO Agreements within the general regulatory framework in which they were created, i.e. the wider corpus of public international law, and adopt a principled methodology that serves the security and predictability of the multilateral trading system
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
