The role of public international law in the WTO: How far can we go?

Authors
Citation
J. Pauwelyn, The role of public international law in the WTO: How far can we go?, AM J INT LA, 95(3), 2001, pp. 535
Citations number
102
Language
INGLESE
art.tipo
Review
Categorie Soggetti
Law
Journal title
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN journal
0002-9300 → ACNP
Volume
95
Issue
3
Year of publication
2001
Database
ISI
SICI code
0002-9300(200107)95:3<535:TROPIL>2.0.ZU;2-T
Abstract
How does the World Trade Organization (WTO) relate to the wider corpus of p ublic international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two diff icult questions. No straightforward answers to them can be found in WTO rul es.' Yet answering them has major ramifications both for the WTO (is the WT O a largely "self-contained regime" or is it not?(2)) and for international law (is the future of international law further fragmentation or increased unity?(3)). This exercise will be conducted under the law as it stands tod ay that is, the law as it may be invoked at present before the WTO "judicia ry" (panels and the Appellate Body). Of course, WTO members (viz., the WTO "legislator") could clarify or change the relationship between WTO rules an d other rules of international law.(4) However, it is unlikely that such ch anges will occur any time soon. In part I, I examine the general relationsh ip between public international law and WTO law. I then assess, more specif ically, the role of public international law in WTO dispute settlement in p art II and offer some conclusions in part III.