By Marion Panizzon
This ebook is the 1st to account for what strong religion stands for in foreign alternate legislations. The publication describes how, why, and while the concept that of excellent religion hyperlinks WTO Agreements with public overseas legislation. It serves as a reference advisor for students and practitioners by means of studying how GATT (General contract on price lists and Trade)/WTO dispute payment associations observe solid religion in perform. stable religion is a common precept of legislations working along treaties and common ideas. In WTO legislation, the primary of pacta sunt servanda, the prohibition of abus de droit, and the safety of valid expectancies are thought of to be corollaries of the primary of fine religion. An research of GATT 1947 and WTO case legislation unearths that the functionality of the main of fine religion varies. Panel and the Appellate physique reviews make diverse makes use of of it. The Appellate physique is ready to use the primary to WTO provisions simply, whereas Panels use it extra freely and substantively, utilizing solid religion to fill lacunae in any of the WTO lined agreements. ËœAdditionally, adjudicators use the main to strike a stability among the duty to liberalize alternate and the precise to invoke an exception from alternate liberalization for the safety of our surroundings, tradition, public morals, and human lifestyles or well-being. during this means, strong religion safeguards the profits of multilateral alternate liberalization opposed to disgenuine pursuits, reminiscent of disguised protectionism.
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Additional info for Good Faith in the Jurisprudence of the WTO: The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement (Studies in International Trade Law)
B) Panizzon Ch1 2/10/06 11:39 Page 5 Introduction 5 assess whether, beyond WTO applicable law, these principles are also WTO legal sources. This study will shed light on the application in WTO law of one particular general principle of law and customary rule, namely good faith and its corollaries of pacta sunt servanda, protection of legitimate expectations (PLE), prohibition of abus de droit and estoppel. After first acknowledging the existence of general principles of law in WTO jurisdiction, this book will secondly examine if the WTO judiciary offers protection to good faith and legitimate expectations and prohibits an abuse of rights.
29 Focusing on one such source of international law, the general principles of good faith and its corollary in custom, pacta sunt servanda, this study aims to 20 21 22 23 EC–Hormones, AB Report, para 123 and fn 92; against Cottier et al, 2005, p 113. Pauwelyn, 2001, p 543 and fn 61. India–Patents, AB Report, para 45. See EC–Sardines, AB Report, para 278: [W]e must assume that Members of the WTO will abide by their treaty obligations in good faith, as required by the principle of pacta sunt servanda articulated in Art 26 of the Vienna Convention.
11 (C) Panizzon Ch2 2/10/06 11:40 Page 13 Concepts and Contents of Good Faith in International Law 13 sources of international law, involving the task of codifying all sources of international law as well as the one of defining their relationships to each other. While the sources of law codified in Article 38(1) ICJ Statute are helpful to analyse what the sources of good faith expressions in the WTO jurisprudence may be, both Article 38(1) and corresponding ICJ jurisprudence must be taken cum grano salis.