Title: The role of customary international law in the World Trade Organisation (WTO) disputes settlement mechanism
Authors: Sharizal Mohd Zin; Ashraf U. Sarah Kazi
Addresses: Department of Business Law and Taxation, Monash University, Victoria, 3842, Australia. ' Department of Business Law and Taxation, Monash University, Victoria, 3842, Australia
Abstract: Over the years, the WTO jurisprudence has been witnessing manifold increase in the influence of international law. This research looks into the relationship between the customary international law, and the WTO disputes settlement mechanism. The research examines the principle of state sovereignty under customary international law, where all states are equal and have the autonomy to exercise their power over both its territory and the people living in that territory. It also looks into the jurisprudence of the non-intervention principle under customary international law, which is derived from the rule of pacta sunt servanda. Thus, this research tests the principle of sovereignty and non-intervention in relation to economic coercion and the doctrine of necessity within the context of trade liberalisation under the WTO agreement. The research also examines whether a unilateral measure of trade barriers under Articles XX(b) and XX(g) is covered under the scope of necessity in order to ensure consistency with the principle of customary international law. Finally, it evaluates the legitimacy of the decisions made by WTO and examines case law involving environmental exception.
Keywords: customary international law; DSB; Dispute Settlement Body; World Trade Organization; WTO; trade disputes; jurisprudence; state sovereignty; autonomy; territory; territories; non-intervention; pacta sunt servanda; legal agreements; good faith; civil law; economic coercion; doctrine of necessity; trade liberalisation; unilateral measures; trade barriers; GATT; general agreements; tariffs; trade regulation; international trade; consistency; legal principles; legitimacy; decisions; case law; environmental exception; MEAs; multilateral environmental agreements; public law; public policy.
International Journal of Public Law and Policy, 2012 Vol.2 No.3, pp.229 - 262
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 26 Apr 2012 *