23 Pages Posted: 25 Sep 2014 Last revised: 21 Mar 2017
Date Written: October 1, 2014
This paper considers the law applicable by WTO panels and the Appellate Body in dispute settlement proceedings. It looks at several discrete legal questions in which the question of the applicable law arises: questions concerning the proper establishment of a panel; questions concerning preconditions to the exercise of jurisdiction by a panel; questions concerning the application and (which is different) the applicability of rules of law to the facts of a matter. In each case the paper considers the law at issue, the law applicable to questions about that law, and the competence of WTO panels and the Appellate Body and (where relevant) the Dispute Settlement Body, to apply that law in answering these questions.
Keywords: WTO, dispute settlement, Dispute Settlement Understanding, international courts and tribunals, applicable law, jurisdiction
JEL Classification: K33
Suggested Citation: Suggested Citation
Bartels, Lorand, Jurisdiction and Applicable Law in the WTO (October 1, 2014). University of Cambridge Faculty of Law Research Paper No. 59/2014. Available at SSRN: https://ssrn.com/abstract=2500684 or http://dx.doi.org/10.2139/ssrn.2500684
By Roger Alford