No Outsourcing of Law? WTO Law as Practiced by WTO Courts

• Autores: Petros C. Mavroidis
• Localización: American Journal of International Law, ISSN 0002-9300, Vol. 102, Nº 3, 2008, págs. 421-474
• Idioma: inglés
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• Resumen

  • The framers of the WTO defined the legal and policy space committed to the WTO, but the organization's adjudicating bodies decide on interpretation. Adjudicating bodies often refer to various extra-WTO elements as supplementary means of interpretation typically used only to support a conclusion already reached. A continuing neglect of non-WTO sources is likely to have an increasingly great impact as the character of trade disputes evolves and as WTO members assess whether WTO adjudication provides an effective forum for their disputes.