Abstract
Abstract This chapter deals with the concepts of jurisdiction and applicable law in WTO dispute settlement. It argues that international law in conflict with WTO law must, under certain circumstances, be recognized as superseding WTO law even within WTO proceedings. The central thesis is that substantive WTO obligations essentially being reciprocal, WTO Members should be regarded as being in a position, in principle, to modify such rights and duties inter partes. Given that the jurisdiction of WTO adjudicating bodies is claim-specific, their competence may lapse also due to inter se modifications of substantive WTO law (i.e., the legal grounds on which claims can be brought). This requires panels to take account of such non-WTO norms that are invoked as a defence, if the latter have to be regarded as lawful modifications of WTO law and as being meant to prevail over WTO law by the WTO Members bound by them.
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