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Standards of Review in WTO Dispute Resolution (Hardcover, New)
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Standards of Review in WTO Dispute Resolution (Hardcover, New)
Series: International Economic Law Series
Expected to ship within 12 - 17 working days
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This volume is a unique study on the highly controversial issue of
standard of review in WTO dispute resolution. Standards of review
reflect the extent to which the WTO adjudication bodies can
over-ride the decisions taken by national authorities. As such they
play a crucial role in shaping the balance of power and
responsibility for decisions on factual and legal issues. In recent
years they have gained unprecedented political and systemic
significance in WTO panel proceedings.
To what extent should panels and the Appellate Body review policy
determinations of national or regional authorities of WTO members,
both in terms of facts and law? Should they be guided by a policy
of judicial restraint or should they review domestic measures de
novo? This volume first addresses the tense relationship between
international interdependence and national sovereignty against
which WTO dispute settlement takes place. It then examines the
notion of standards of review as one of the crucial elements in
shaping the balance of power and responsibility for decisions on
factual and legal issues. The current state of law and practice
which has emerged through panel and Appellate Body reports is
analysed and critically assessed in a commentary on the evolution
of, and inconsistencies amongst, the relevant cases.
Standards of Review in WTO Dispute Resolution is a significant
contribution to a perplexing subject. It also contributes to the
clarification of basic issues of global Constitutionalism and the
interface between domestic and international law.
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