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
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