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Good Faith in the Jurisprudence of the WTO: The Protection of Legitimate Expectations, Good Faith Interpretation

ISBN13: 9781841136202
ISBN: 1841136204
Published: October 2006
Publisher: Hart Publishing
Country of Publication: Uk
Format: Hardback
Price: £100.00

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What does the concept of good faith express? This book is the first to account for what good faith stands for in international trade law. It describes how, why and when the concept of good faith links WTO Agreements with public international law. It serves as a reference guide for scholars and practitioners by analysing how GATT/WTO dispute settlement institutions apply good faith in practice. Good faith is a general principle of law operating alongside treaties and customary rules.

In WTO law, the principle of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectations are considered to be corollaries of the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of the principle of good faith varies. Panel and the Appellate Body reports make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively, that is, they apply good faith to fill lacunae in any of the WTO covered agreements.

Also, adjudicators use the principle to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception from trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against disgenuine interests such as disguised protectionism.

To understand the operation of good faith in WTO law is not only important for trade law professionals. Ultimately, such understanding will likely be of strategic value for the increasingly pressing question how WTO law and other international agreements ought to be reconciled.

International Trade
1. Introduction
2. Concepts and Contents of Good Faith in International Law
3. Good Faith and its Corrolaries in the Law of the WTO Agreements
4. The Normativity of Good Faith in the WTO Legal System
5. Scholarly Views and Judicial Arguments on the Functions of WTO Good Faith
6. Protection of Legitimate Expectations as GATT-specific Good Faith
7. Good Faith Interpretation of the WTO Agreements
8. Good Faith Non-interpretation by the Appellate Body
9. Towards a WTO-specific Good Faith Interpretation?
10. Good Faith Rules and Procedures of WTO Dispute Settlement
11. The Good Faith Standard of Factual Review
12. Legitimate Expectations as to the Precedential Value of Dispute Settlement Reports
13. Conclusions

Series: Studies in International Trade Law

Legitimacy of the World Trade Organisation ISBN 9781849463737
To be published August 2024
Hart Publishing
Free Trade and Cultural Diversity in International Law (eBook) ISBN 9781782251163
Published April 2013
Hart Publishing
Free Trade and Cultural Diversity in International Law ISBN 9781849464253
Published April 2013
Hart Publishing
Redefining Sovereignty in International Economic Law ISBN 9781841137018
Published April 2008
Hart Publishing
Human Rights Impact of the World Trade Organisation ISBN 9781841136936
Published July 2007
Hart Publishing
The Power to Protect: Trade, Health and Uncertainty in the WTO ISBN 9781841134826
Published December 2004
Hart Publishing