WTO dispute procedures, standard of review, and deference to national governments

Article Abstract:

The panels who implement the World Trade Organization dispute resolution procedures should be both sensitive and reasonable when reviewing national governments' actions. An international review standard based on the US Chevron doctrine is inappropriate, although a degree of deference to national governments may be useful. Sovereignty issues were controversial during the Uruguay talks, so the agreement's credibility rests on the implementation of these procedures. Panels should avoid activism, instead adopting a balanced multilateral and multi-cultural approach.

International aspects, Practice, Dispute resolution (Law)

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The WTO dispute settlement understanding - misunderstanding on the nature of legal obligation

Article Abstract:

WTO law generates an international law obligation to perform the report recommendation rather than giving parties the option of compensation or obeying the WTO report. Judith H. Bello's determination that the World Trade Organization (WTO) reports are nonbinding is based on a misunderstanding of international obligations. The only exception is if meeting the obligation immediately is not practical and so compensation is allowed instead. Though the reports do not change national law, they should influence national jurisprudence.

Laws, regulations and rules, International trade, Powers and duties, International trade regulation, International obligations

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Status of treaties in domestic legal systems: a policy analysis

Article Abstract:

International treaties can affect domestic law in one of two ways. On the one hand, there can be 'direct application of a treaty,' meaning that courts and other government agencies in a system will regard the treaty itself as a source of law the same as they would a domestic law. On the other hand, there can be a hierarchy of legal instruments within a country when directly applied treaty standards clash with domestic laws in the system. The government then has to decide whether the treaty or the domestic law takes precedence.

Interpretation and construction, International law, Treaties

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