The role of customary international law in the World Trade Organisation (WTO) disputes settlement mechanism

Abstract

Over the years, the WTO jurisprudence has been witnessing manifold increase in the influence of international law. This research looks into the relationship between the customary international law, and the WTO disputes settlement mechanism. The research examines the principle of state sovereignty under customary international law, where all states are equal and have the autonomy to exercise their power over both its territory and the people living in that territory. It also looks into the jurisprudence of the non-intervention principle under customary international law, which is derived from the rule of pacta sunt servanda. Thus, this research tests the principle of sovereignty and non-intervention in relation to economic coercion and the doctrine of necessity within the context of trade liberalisation under the WTO agreement. The research also examines whether a unilateral measure of trade barriers under Articles XX(b) and XX(g) is covered under the scope of necessity in order to ensure consistency with the principle of customary international law. Finally, it evaluates the legitimacy of the decisions made by WTO and examines case law involving environmental exception.