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The Standard of Review in WTO Dispute Settlement - Critique and Development (Hardcover)
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The Standard of Review in WTO Dispute Settlement - Critique and Development (Hardcover)
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'Applying the proper standard of review has been a vexing issue for
WTO panels and Members alike. As in national systems, the degree to
which the reviewing body (here the panel) defers to the
investigating authority is frequently controversial. Dr. Becroft
has provided a thorough analysis of the WTO jurisprudence to date,
identified the shortcomings of the present approach and offered a
thoughtful series of recommendations for formulating a new and
better standard of review.' - David A. Gantz, The University of
Arizona This detailed book critiques how the World Trade
Organization scrutinizes domestic measures to determine compliance
with the WTO Agreements. This scrutiny, known as the standard of
review, is particularly relevant when WTO panels are examining
measures involving controversial domestic policy issues. The author
argues that the current WTO standard of review is inadequate and a
flexible standard based on the responsibilities that WTO members
have retained for themselves under the WTO Agreements is
preferable. This new standard of review would better reflect the
autonomy contemplated for members under the WTO rules and reduce
scope for the contention that the WTO overreaching its mandate.
This work provides a foundation for mediating relations between
states and the WTO, and similar international organizations. It
will be of great interest to scholars and practitioners in the
fields of law and international relations with an interest in
international economic law, the WTO or international organizations
in general.
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