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Applicability Of Non-WTO Law In WTO Dispute Settlement

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Chapter Summary

This chapter assesses the applicability of the principle of sustainable development to world trade organization (WTO) dispute settlement. The existence of this principle and its usefulness in situations of normative conflict is one thing. Its relevance in trade disputes before the WTO Dispute Settlement System is quite another. Therefore, the chapter deals with the question of general applicability of non-WTO law to WTO dispute settlement. It is argued, the jurisdiction readily encompasses the legal tool to determine the balance and eventually priority of conflicting norms and respective interests and values. WTO law is part of public international law and not a closed or self-contained regime in the sense that no other law than the positive law of the WTO Agreements would apply to the resolution of a dispute about WTO Members rights and obligations.

Keywords: jurisdiction; public international law; world trade organization (WTO) dispute settlement



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