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The Standard of Review in WTO Dispute Settlement: Critique and Development

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ISBN13: 9781781002230
Published: June 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00



Despatched in 2 to 4 days.

This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate.

This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.

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Subjects:
International Trade
Contents:
GATT Report and WTO Award and Report Abbreviations
1. Introduction
2. The Development of the WTO Standard of Review
3. Alternative Models and Principles for the Development of a WTO Standard of Review
4. A New General Standard of Review
5. Modification of the General Standard of Review
6. The Application of a New Standard of Review to the Trade Remedy Agreements
7. The Application of a New Standard of Review to Selected Non-Trade Remedy Agreements
8. Conclusion
Bibliography
Index