Originally from:
The WTO: Governance, Dispute Settlement & Developing Countries
The WTO: Governance, Dispute Settlement & Developing Countries-Digital
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WTO Law and the ”Fragmentation” of International Law: Specificity, Integration, Conflicts
Giorgio Sacerdoti
I. THE DEVELOPMENT OF INTERNATIONAL TRADE LAW AS A BRANCH OF GENERAL INTERNATIONAL LAW
Ever since in its first report the Appellate Body stated in unambiguous terms that “WTO agreements are not to be read in clinical isolation from public international law,” the relevance for the WTO legal context of international law rules and principles has been acknowledged. By necessary implication this goes beyond the application of customary rules of interpretation in WTO dispute settlement proceedings, as explicitly provided by Article 3.2 of the DSU.
International trade law is not just an academic label for a specific sector of international relations governed by legal rules. WTO law, which is at the core of international trade law, is the result of the Uruguay Round multilateral negotiations and is reflected in the interconnected agreements, signed as a single undertaking, that are administered by the WTO. The WTO is a distinct international organization comprising 150 Members and whose rules govern more than 97% of world trade in goods and services. This body of law is thus part of an institutional setting. Besides the substantive rules governing the conduct of Members, there are organizational rules for the functioning of the WTO; procedural norms for the administration of the substantive rules, such as in relation to waivers, interpretation, and amendments; and those pertaining to the settlement of disputes, including the monitoring of implementation and sanctions. The system has to be viewed as a “living organism:” further negotiations involving all Members are envisaged. Thus, through subsequent agreements, existing provisions are completed, modified, or replaced.
About the Author:
Giorgio Sacerdoti has been a member of the WTO Appellate Body since 2001 and is a Professor of International Law and European Law at Bocconi University, Milian, Italy, since 1986.