The WTO and Global Governance: The Case for Contractual Treaty Regimes

Widener Law Symposium Journal, Vol. 7, 2001

26 Pages Posted: 27 Mar 2008 Last revised: 27 Oct 2008

J. Patrick Kelly

Widener University Delaware Law School

Date Written: January 1, 2001

Abstract

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.

Keywords: World Trade Organization, trade, international law theory, dispute resolution, social policy, trade and environment, WTO Appellate Body

JEL Classification: K32, K33

Suggested Citation

Kelly, J. Patrick, The WTO and Global Governance: The Case for Contractual Treaty Regimes (January 1, 2001). Widener Law Symposium Journal, Vol. 7, 2001. Available at SSRN: https://ssrn.com/abstract=1112688

J. Patrick Kelly (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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