A House Divided Against Itself Cannot Stand

5 Pages Posted: 7 Jan 2019

Date Written: January 5, 2019


Undeniably, as the organizers mentioned in their concept papers for this workshop, there is a significant risk of losing the WTO system in no distant future. As the title of this paper indicates, the WTO is under attack, not from outside, but from within. As is already known, US President has broad discretion in administering trade issues and can independently decide to withdraw from the WTO, and WTO rules or constitutional restraints have been failing to harness this power. We must consider what can do to address this worst-case scenario. This paper addresses two related technical issues, namely, (i) options to amend the DSU, and (ii) role of basic principles of law such as consistent interpretation to regulate administrative discretion.

Keywords: WTO, Appellate Body, Withdrawal, Amendment, Consistent interpretation

JEL Classification: K33: K39: K29

Suggested Citation

Kobayashi, Tomohiko, A House Divided Against Itself Cannot Stand (January 5, 2019). Paradise Lost or Found? The Post-WTO International Legal Order (Utopian & Dystopian Possibilities), University of Tokyo Workshop, Available at SSRN: https://ssrn.com/abstract=3310707 or http://dx.doi.org/10.2139/ssrn.3310707

Tomohiko Kobayashi (Contact Author)

Otaru University of Commerce ( email )

3-5-21 Midori
Otaru, Hokkaido 047-8501
+81-134-27-5430 (Phone)

HOME PAGE: http://researchmap.jp/tomohiko-kobayashi?lang=en

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