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Legal Principles in WTO Disputes (Hardcover)
Loot Price: R3,064
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Legal Principles in WTO Disputes (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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Principles play a crucial role in any dispute settlement system,
and the World Trade Organization (WTO) is no exception. However,
WTO Panels and the Appellate Body have been too timid in using
principles, sometimes avoiding their use when appropriate and at
other times using them without fully acknowledging that they are
doing so. Perhaps more worryingly, these bodies often fail to delve
deeply enough into principles. They tend to overlook key questions
such as the legal basis for using a given principle, whether the
principle is being used in an interpretative manner or as
applicable law, and the meaning of the principle in public
international law. This book establishes a framework for addressing
these questions. The use of such a framework should allay fears and
misconceptions about the use of principles and ensure that they are
used in a justifiable manner, improving the quality of dispute
settlement in the WTO.
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