Despite being an important legal instrument in the law of the WTO,
the waiver has hitherto been the subject of little scholarly
analysis. Isabel Feichtner fills this gap by challenging the
conventional view that the WTO's political bodies do not engage in
significant law-making. She systemises the GATT and WTO waiver
practice and suggests a typology of waivers as individual
exception, general exception and rule-making instruments. She also
presents the procedural and substantive legal requirements for the
granting of waivers, deals with questions of judicial review and
interpretation of waiver decisions, and clarifies the waiver's
potential and limits for addressing the need for flexibility and
adaptability in public international law and WTO law in particular.
By connecting the analysis of waiver competence and waiver practice
to the general stability/flexibility challenge in public
international law, the book sheds new light on the WTO,
international institutions and international law.
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