Jurisdiction and Applicable Law in the WTO

22 Pages Posted: 30 Jun 2016

See all articles by Lorand Bartels

Lorand Bartels

University of Cambridge - Faculty of Law

Date Written: June 29, 2016

Abstract

This paper considers the law applicable by WTO panels and the Appellate Body in dispute settlement proceedings. It begins by explaining how law is applied to facts, and how this is relevant to the exercise of jurisdiction by WTO panels and the Appellate Body. It then looks at several discrete sets of legal questions, both jurisdictional and merits, in which questions related to applicable law arise. The jurisdictional questions, broadly speaking, that are considered concern the power of panels to determine the legality of their establishment, the power of panels to determine whether other preconditions to the exercise of their jurisdiction have been met, including what is elsewhere termed ‘admissibility’. The merits questions concern the law applicable to the proper identification of the facts and to the law applicable to these facts, based on the various overlapping provisions in the DSU pertaining to these matters, and taking into account the possible role of non-WTO law.

Suggested Citation

Bartels, Lorand, Jurisdiction and Applicable Law in the WTO (June 29, 2016). Society of International Economic Law (SIEL), Fifth Biennial Global Conference Working Paper No. 2016/18. Available at SSRN: https://ssrn.com/abstract=2801989 or http://dx.doi.org/10.2139/ssrn.2801989

Lorand Bartels (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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