- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
This article deals with the jurisdiction, applicable law, and interpretive practices of the World Trade Organization (WTO) dispute settlement system, which define its power within the WTO institutional structure and its influence on other international courts and tribunals. It mentions that understanding the judicial function requires a study of the type of powers of judges, as well as their sources. This article implies a comparative survey of practices of various courts and tribunals to detect emerging principles of international procedural law and inherent powers associated with the status of the international judge. It further suggests that the role of the Appellate Body is broader than that of a court of cassation. The applicable law in WTO dispute settlement is touched upon in several provisions. The principles developed by legal system to guide and justify the reasoning process of the adjudicator in interpreting and applying the law are also discussed.
Isabelle Van Damme is Fellow and College Lecturer in Law, Clare College Cambridge and Affiliated University Lecturer in Law, University of Cambridge.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.