The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest

Abstract

Abstract The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal system, arguably have a number of characteristics that go beyond the idea of strict reciprocity and that might well reflect a legal structure, which Simma later on identified as one designed to serve a common interest. This chapter explores further the concepts and structures of WTO law in view of reciprocity and community interest. The effort may be particularly worthwhile when we take a different view on international trade law. Beyond its strange issues and cases, its historical roots can be found in Article 55 of the UN Charter and can be seen as a cornerstone of the Charter's perception of the relevance of economic and social conditions for world peace. In addition, it is a major element in securing the economic and social development of nations and peoples around the world.