How to Win a WTO Dispute Based on Non-WTO Law? Questions of Jurisdiction and Merits

Pauwelyn, Joost

doi:10.1007/978-3-211-69379-7_1

Cited by 12 publications

(8 citation statements)

References 16 publications

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“…decision-making processes remains heavily constrained (Piewitt, 2010). Nonetheless, in practice the cases where such briefs were actually included are very rare, which illustrates the limited impact of this development (Charnovitz, 2000 ;Pauwelyn, 2003 ;Van den Bossche, 2008). 5 This means that interest organizations have no access to any formal meeting, trade negotiation, specialized committee, or hearing of the Dispute Settlement Body (DSB), which has several consequences for organizational participation and lobbying strategies.…”

Section: Wto and Interest Groups: The Relation Between Openness And Dmentioning

confidence: 99%

“…Finally, in the case of the DSB, some more substantive changes seem to have been taken place, most prominently the well-documented Amicus Curiae Briefs, that is the possibility for parties not involved in the case, such as interest groups, to offer voluntary assistance to the DSB. Nonetheless, in practice the cases where such briefs were actually included are very rare, which illustrates the limited impact of this development (Charnovitz, 2000; Pauwelyn, 2003; Van den Bossche, 2008).…”

Section: Wto and Interest Groups: The Relation Between Openness And Dmentioning

confidence: 99%

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Open the door to more of the same? The development of interest group representation at the WTO

2011

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The openness of the World Trade Organization (WTO) towards non-state actors has led to much debate among scholars and practitioners. The objective of this paper is to add empirical knowledge to this ongoing debate. In particular, we examine the effects of allowing interest groups to participate at WTO Ministerial Conferences (MCs) during 1996–2009 by analyzing a novel dataset of 1992 interest organizations that attended seven MCs. The data we present demonstrate that, in contrast to what many expected, the WTO did not attract a more diverse population of interest groups since these organizations were allowed to participate at MCs. Moreover, we observe an increasing overrepresentation of some specific issue-related interests, especially agriculture, and a strong presence of Northern American and European interest organizations attending MCs. Another important observation is that MCs are not particularly dominated by business interests at the expense of NGOs (non-governmental organization), who are also consistently well represented at the WTO meetings. Yet, the high levels of volatility observed at the level of individual organizations suggests that, although it is rather easy to start lobbying at WTO MCs, only a relatively small number of interest organizations keep a long lobbying presence at this level.

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Section: Wto and Interest Groups: The Relation Between Openness And Dmentioning

confidence: 99%

Section: Wto and Interest Groups: The Relation Between Openness And Dmentioning

confidence: 99%

Open the door to more of the same? The development of interest group representation at the WTO

2011

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“…The question is whether these principles can be used by the WTO panels and Appellate Body to interpret the Enabling Clause. WTO law is part of public international law even in the absence of Article 3.2 of the DSU 118 and "is not to be read in clinical isolation from public international law." 119 In addition, Article 31.3(c) of the VCLT states that "[a]ny relevant rules of international law applicable in the relations between the parties" must be taken into account.…”

Section: Evaluation Of the Ec -Tariff Preferences Casementioning

confidence: 99%

A Critical Analysis of Conditionalities in the Generalized System of Preferences

Kishore¹

2017

Can. yearb. int. law

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This article examines conditionalities in the Generalized System of Preferences (GSP) in light of the European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (EC – Tariff Preferences) case at the World Trade Organization (WTO). The article largely undertakes this examination from the point of view of developing countries. It mainly examines the issue of discrimination in conditionalities since this was the principal question raised in the EC – Tariff Preferences case and makes suggestions regarding the regulation of conditionalities. In doing so, the article follows two trajectories: first, it makes suggestions for the WTO panels and Appellate Body, and, second, it makes suggestions for GSP donors, by analyzing the new European GSP + Scheme and by drawing inspiration from conditionalities in the loans granted by the World Bank.

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“…He points to support in Article 3.2 of the DSU that instructs panels to clarify WTO agreements in light of 'customary rules of interpretation of public international law', together with Article 31.3(c) of the Vienna Convention on the Law of Treaties. 78 A New Legal Realist does not deny that this debate is important for the formal reasoning of the WTO Appellate Body and that the answer to it affects the legal arguments that parties bring to WTO cases.…”

Section: An Example Of the New Legal Realist Approachmentioning

confidence: 99%

The New Legal Realist Approach to International Law

Shaffer¹

2015

Leiden Journal of International Law

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The New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and problem-centred, attending to both context and legal normativity. What is new is the rise of transnational activity that gives rise to an enlarged scope of transnational problem-solving through international law in radically new ways across areas of law, and the growth of empirical study of these phenomena. The article concludes by addressing the potential risks of the New Legal Realist approach in terms of scientism and relativism, and it responds to them.

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How to Win a WTO Dispute Based on Non-WTO Law? Questions of Jurisdiction and Merits

Cited by 12 publications

References 16 publications

Open the door to more of the same? The development of interest group representation at the WTO

Open the door to more of the same? The development of interest group representation at the WTO

A Critical Analysis of Conditionalities in the Generalized System of Preferences

The New Legal Realist Approach to International Law

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