Standards of Review in WTO Dispute Resolution

Hardcover | March 15, 2004

byMatthias Oesch

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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 thebalance 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 addressesthe 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 andlegal 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.

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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 thebalance of power and responsibility for dec...

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.
Format:HardcoverDimensions:296 pages, 9.21 × 6.06 × 0.79 inPublished:March 15, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199268924

ISBN - 13:9780199268924

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Table of Contents

IntroductionPart I Foundations1. The Definition of Standards of Review2. The Functions of Standards of Review3. The Rationales for Judicial Restraint4. GATT 1947 and the Uruguay Round Negotiations5. Standards of Review in the WTO Legal TextsPart II Standards of Review Relating to Questions of Facts6. The General Framework and the Method of Fact-Finding7. 'Raw' Evidence and Factual Conclusions8. Miscellaneous MattersPart III Standards of Review Relating to Questions of Law9. WTO Law10. Domestic Law11. International Law Concluding SummaryBibliographyTable of WTO ReportsTable of GATT 1947 ReportsIndex