Originally from: The WTO: Governance, Dispute Settlement & Developing Countries
The WTO: Governance, Dispute Settlement & Developing Countries-Electronic
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The Use and Abuse of International Law in WTO Trade/Environment Litigation
Among the central challenges to the international legal order today is that which is typically referred to as “fragmentation”—the co-existence of multiple regimes and fora, whose legal subjects and objects partly converge and often diverge, where fora and norms can overlap and possibly collide in a single dispute. Although there are some rules to deal with conflict of treaties and some principles of hierarchy (the status of ius cogens being the most obvious example) the positive features of international law as a system of rules are very indeterminate in addressing fragmentation. In fact, fragmentation may reflect a tendency of “juridification” of transnational social relations and interests of all kinds, extending far beyond the kind of core State interests reflected in traditional international law and especially in the UN Charter.
This chapter is concerned with one particular dimension of fragmentation of norms—its challenges for interpretation. What kind of role should norms drawn from other international instruments and regimes have in the interpretation of a treaty where the dispute in question implicates interests and constituencies represented in both regimes? One of the most contentious and complex expressions of fragmentation has been the trade and environment debate, including the relationship of WTO law to international environmental law.
Table of Contents
Introduction and Overview
PART I UNDERSTANDING THE WORLD TRADE ORGANIZATION TODAY AND ITS HISTORY
The World Trade Organization: The Challenges Ahead
The Uruguay Round and the Doha Development Agenda: What Have We Achieved?
The World Trade Organization and Developing Countries
Decision-making in the World Trade Organization: An Analysis of a Member-driven Organization
Reflections on the World Trade Organization in the Context of Economic Globalization
PART II THE DISPUTE SETTLEMENT SYSTEM
Examining the Dispute Settlement System: How Has It Performed?
Lessons from Experience: Operation of the Panel Process and Appellate Review
WTO Case Law in the International Law Context
The WTO Dispute Settlement System in the Next Ten Years
Implementation of WTO Rulings: The Role of the Courts and Legislatures in the United States and Other Jurisdictions
Table of Cases