The WTO and Global Governance: The Case for Contractual Treaty Regimes
J. Patrick Kelly
Widener University Delaware Law School
January 1, 2001
Widener Law Symposium Journal, Vol. 7, 2001
This article argues that the Appellate Body should interpret the WTO agreements narrowly as a self-contained, contractual regime limited to interstitial interpretations. Claims that the trade regime is subject to modifications by controversial customary international legal norms or should be interpreted in a teleological manner are inconsistent with the Dispute Settlement Understanding and state consent.
Unilateral trade sanctions to advance preferred environmental and social policies are, in most cases, the wrong solution for underlying problems of poverty, poor governance, and inadequate public investment. Policies that encourage economic development and a market-based economy enhance civil society and create public demand for a better environment.
Number of Pages in PDF File: 26
Keywords: World Trade Organization, trade, international law theory, dispute resolution, social policy, trade and environment, WTO Appellate Body
JEL Classification: K32, K33
Date posted: March 27, 2008 ; Last revised: October 27, 2008