Navigating the Backlash: Re-integrating WTO and Public International Law?
38 Australian Yearbook of International Law (forthcoming 2020)
23 Pages Posted: 17 Aug 2020 Last revised: 24 Aug 2020
Date Written: 2020
Abstract
The debate about the extent of the interaction between WTO law and public international law has existed for as long as the WTO itself. While WTO case law confirms a willingness of panels and the Appellate Body to embrace interpretative rules of general international law, engagement with non-trade obligations under non-WTO treaties has been more patchy. Nonetheless, the reality of competing international legal obligations on States will continue to grow. Could a deliberate shift to consider non-WTO obligations in WTO disputes help maintain the relevance of the institution?
Keywords: ‘Backlash’, International Law, International Trade Law
JEL Classification: K33
Suggested Citation: Suggested Citation