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Applicability Of The Principle Of Sustainable Development In WTO Dispute Settlement

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Chapter Summary

The applicability of the principle of sustainable development before a world trade organization (WTO) panel or the Appellate Body can be reasoned on various grounds. First and foremost, the principle is part of WTO law itself. Its inclusion within the Preamble of the WTO Agreement means it is integral to the covered agreements. Second, as a general principle of law, the applicability of sustainable development is generally independent of its reference in the preamble in the WTO Agreement, though such reference eases the argumentative requirements. Once the applicability of the principle of sustainable development as a principle of both, interpretation and of conflict resolution, it is necessary to consider whether the principle is of mandatory or permissive nature. The application of sustainable development as a legal principle of integration points to a fundamental dilemma in international trade law and probably other economic law as well.

Keywords: conflict resolution; international law; sustainable development; world trade organization (WTO)



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