WTO Disputes Settlement – An Evolving Jurisprudence

INTERNATIONAL COMMERCIAL LAW, LITIGATION AND ARBITRATION, pp. 243-260, K.E. Lindgren, N. Perram, eds., 2011

Sydney Law School Research Paper No. 11/73

19 Pages Posted: 27 Oct 2011

See all articles by Gillian Triggs

Gillian Triggs

The University of Sydney Law School

Date Written: October 25, 2011

Abstract

An examination of some of the recent decisions of the panels and Appellate Body demonstrates the continuing evolution of WTO trade rules through traditional processes of treaty interpretation, reference to earlier jurisprudence and judicial reasoning. The quasi-judicial development of the law in these ways has facilitated finding that reflect contemporary concerns for the environment and human health, even for political concerns about public morals. The WTO trade rules can be flexible in the face of efforts to protect endangered species or to protect against the spread of disease. Recent disputes suggest that threats to orderly international trade do not lie in inflexible or out-dated rules, but rather in the failure by Members themselves to conduct proper risk assessments and by their imposition of measures that are little more than ill-disguised restrictions on international trade.

This paper was presented at a Conference on International Commercial Law, Litigation and Arbitration which was held at the Federal Court of Australia in Sydney in May 2011.

Keywords: World Trade Organisation, WTO Disputes Settlement, Jurisprudence, Trade Disputes, International Trade Law, International Law

JEL Classification: K10, K30, K33

Suggested Citation

Triggs, Gillian, WTO Disputes Settlement – An Evolving Jurisprudence (October 25, 2011). INTERNATIONAL COMMERCIAL LAW, LITIGATION AND ARBITRATION, pp. 243-260, K.E. Lindgren, N. Perram, eds., 2011; Sydney Law School Research Paper No. 11/73. Available at SSRN: https://ssrn.com/abstract=1949530

Gillian Triggs (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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