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National Treatment and WTO Dispute Settlement

Adjudicating the Boundaries of Regulatory Autonomy

By: Gaetan Verhoosel
Media of National Treatment and WTO Dispute Settlement
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Published: 08-04-2002
Format: Hardback
Edition: 1st
Extent: 144
ISBN: 9781841132990
Imprint: Hart Publishing
Dimensions: 216 x 138 mm
RRP: £90.00
Online price : £81.00
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Loren Epson

About National Treatment and WTO Dispute Settlement

The perceived impact of WTO law on the domestic regulatory autonomy of WTO Members is increasingly becoming the subject of controversy and debate. This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders,and examines how WTO adjudicators, i.e. panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judicial solutions and their potential consequences for Members' regulatory autonomy. In an attempt to identify a more proper balance between WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguments from legal, logic and economic theory.

Table Of Contents

1. DEFINING THE INTERFACE BETWEEN WTO AND DOMESTIC LEGAL ORDERS THROUGH THE INTERPRETATION OF NATIONAL TREATMENT 1

2. THE BUILDING BLOCKS: GATT RULES ON DOMESTIC REGULATION AND THE 1994 TRANSPLANT TO SERVICES

3. HOW THEY WERE CONSTRUED: THE CASE LAW ON NATIONAL TREATMENT, LEGITIMATE POLICY EXCEPTIONS AND NON-VIOLATION UNDER GATT AND GATS 19

4. FROM JAPANESE SHOSHU TO CHILEAN PISCO: TWO WAYS TO THINK ABOUT WTO ASSESSMENT OF ORIGIN-NEUTRAL REGULATION

5. WHY EQUATE NON-DISCRIMINATION WITH NECESSITY?

Reviews

“His book is a thought-provoking addition to the body of work that considers the polarization between States and the potential Frankenstein they have created to govern their trade relations.” –  Rajesh Pillai, World Trade Review

“Gaetan Verhoosel's book provides an important new contribution to the long-standing debate over the proper application of the national treatment obligation. [It] provides a fresh look at these issues, and offers some important insights into how the difficulties in applying the national treatment principle could be resolved.” –  Simon Lester, Journal of International Economic Law

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