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: Suggested Citation