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Books > Law > International law > Public international law > International economic & trade law
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Good Faith in the Jurisprudence of the WTO - The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement (Hardcover, New)
Loot Price: R4,695
Discovery Miles 46 950
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Good Faith in the Jurisprudence of the WTO - The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement (Hardcover, New)
Series: Studies in International Trade and Investment Law
Expected to ship within 12 - 17 working days
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What does the concept of good faith express? This book is the first
to discuss what good faith means in international trade law. As a
reference guide for scholars and practitioners it analyses the case
law of WTO dispute settlement practice. The book describes how, why
and when the concept of good faith links the WTO Agreements with
other public international norms. The concept of good faith appears
frequently in treaties and customary rules, but is most often
considered a general principle of law. WTO law uses the corrolaries
of pacta sunt servanda, the prohibition of abus de droit and the
protection of legitimate expectation alongside the principle of
good faith. An analysis of GATT 1947 and WTO case law reveals that
the function of good faith varies. The Panel reports and the
Appellate Body decisions make different use of it. The Appellate
Body is prepared to apply the principle to WTO provisions only,
while Panels use it more freely and substantively; that is, they
apply good faith to fill lacunae in any of the WTO covered
agreements. Also, adjudicators use the principle differently,
depending on whether it relates to the agreements covered by the
WTO or the procedural law of WTO dispute settlement. As it applies
to the former, good faith is used to strike a balance between, on
the one hand, the obligation to liberalise trade, and on the other
hand, the right to invoke an exception to trade liberalisation for
the protection of the environment, culture, public morals, human
life or health. In this way, good faith safeguards the gains of
multilateral trade liberalisation against unlawful interests such
as disguised protectionism. The book also introduces the novel
field of WTO procedural law governing trade dispute litigation. In
the Dispute Settlement Understanding (DSU), good faith appears in
the standard of review, rules of evidence and fact-finding,
standing, duty of prior consultation, right of establishment of a
panel, ex officio investigations, withdrawal of notices of appeal,
and the raising of objections. In all these areas it ensures that
the rules of dispute resolution are not abused. The Appellate Body
has even gone so far as to derive a new standard from the principle
of good faith that demands that disputes are settled fairly,
promptly and effectively. Insights into good faith in WTO law are
not only important for trade law professionals. Current
applications and future operations of the principle are likely to
be of strategic value for answering the increasingly pressing
question of how WTO law and other international agreements ought to
be reconciled.
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