Navigating the Backlash: Re-integrating WTO and Public International Law?

38 Australian Yearbook of International Law (forthcoming 2020)

ANU College of Law Research Paper No. 20.21

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

Saunders, Imogen, Navigating the Backlash: Re-integrating WTO and Public International Law? (2020). 38 Australian Yearbook of International Law (forthcoming 2020) , ANU College of Law Research Paper No. 20.21, Available at SSRN: https://ssrn.com/abstract=3675566 or http://dx.doi.org/10.2139/ssrn.3675566

Imogen Saunders (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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