Standards of Review in WTO Dispute Resolution
Standards of Review in WTO Dispute Resolution: (International Economic Law Series)

Standards of Review in WTO Dispute Resolution: (International Economic Law Series)


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About the Book

This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice which has emerged through panel and Appellate Body reports is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases. Standards of Review in WTO Dispute Resolution is a significant contribution to a perplexing subject. It also contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.

Table of Contents:
Introduction Part I Foundations 1: The Definition of Standards of Review 2: The Functions of Standards of Review 3: The Rationales for Judicial Restraint 4: GATT 1947 and the Uruguay Round Negotiations 5: Standards of Review in the WTO Legal Texts Part II Standards of Review Relating to Questions of Facts 6: The General Framework and the Method of Fact-Finding 7: 'Raw' Evidence and Factual Conclusions 8: Miscellaneous Matters Part III Standards of Review Relating to Questions of Law 9: WTO Law 10: Domestic Law 11: International Law Concluding Summary Bibliography Table of WTO Reports Table of GATT 1947 Reports Index

About the Author :
Matthias Oesch is Senior Research Fellow at the Department of Economic Law of the University of Berne, and Legal Adviser in the Division of World Trade of the Federal Department of Economic Affairs, Switzerland.


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Product Details
  • ISBN-13: 9780199268924
  • Publisher: Oxford University Press
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Spine Width: 20 mm
  • Width: 162 mm
  • ISBN-10: 0199268924
  • Publisher Date: 18 Dec 2003
  • Height: 240 mm
  • No of Pages: 296
  • Series Title: International Economic Law Series
  • Weight: 600 gr


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Standards of Review in WTO Dispute Resolution: (International Economic Law Series)
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