Ventouratou, A. orcid.org/0000-0001-5756-143X (2021) The law on state responsibility and the World Trade Organization. The Journal of World Investment & Trade, 22 (5-6). pp. 759-803. ISSN 1660-7112
Abstract
This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © Anna Ventouratou, 2021. This is an open access article distributed under the terms of the CC BY 4.0 license. (https://creativecommons.org/licenses/by/4.0/) |
Keywords: | applicable law; Articles on the Responsibility of States for Internationally Wrongful Acts; general international law; inherent powers; interpretation; state responsibility; systemic integration; World Trade Organization |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 28 Sep 2022 11:22 |
Last Modified: | 28 Sep 2022 11:22 |
Status: | Published |
Publisher: | Brill |
Refereed: | Yes |
Identification Number: | 10.1163/22119000-12340228 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:190842 |
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