Dergiler / Uluslararası Ticaret ve Tahkim Hukuku Dergisi / 2018 / Cilt: 7 - Sayı: 0
THE RULE OF LAW AND THE WTO
- Sayfa
- 25–54
- DOI
- —
Özet
The WTO dispute settlement system has evolved from its origins in trade negotiations to becoming a rule of law-based system of interpretation of multilaterally-agreed trade rules. This article examines whether the WTO dispute settlement system may be said to further the rule of law. The article examines the origins of the system and focuses on several particular aspects the impact of the different power relationships among WTO Members, issues of coherence in international law, differences in legal traditions, and equality of access to the system, to assess its contribution to the rule of law. In this regard, there are many positives to the system, including its accessibility to all WTO Members through the assistance of the Advisory Centre on WTO Law (ACWL). The second part of the article examines whether WTO law, including the dispute settlement system, serves to further the development of the rule of law in the domestic systems of WTO Members, particularly developing country Members. The available evidence –including limited empirical evidence as well as anecdotal evidence– suggests that it does.
Abstract
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