Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-5xszh Total loading time: 0 Render date: 2024-03-29T15:58:44.554Z Has data issue: false hasContentIssue false

8 - Conflict of norms in WTO dispute settlement

Published online by Cambridge University Press:  07 July 2009

Joost Pauwelyn
Affiliation:
Institut Universitaire de Hautes Etudes Internationales, Geneva
Get access

Summary

If the WTO is to become a vehicle for global governance one thing has to be clear: this vehicle ought not travel without a road map, and should be mindful of other traffic.

The case study used throughout this book has been the law of the WTO. When examining the hierarchy of sources of international law (chapter 3), the concepts of accumulation and conflict of norms (chapter 4) and the available conflict-avoidance techniques (chapter 5), we have made reference to the particular situation in the WTO as well as to the case law developed under WTO dispute settlement. When it comes then to resolving conflicts of norms, be they inherent normative conflicts (chapter 6) or conflicts in the applicable law (chapter 7), we also used conflicts involving WTO norms, including internal WTO conflicts, as the standard example. A major missing link that remains, however, is to see how the ideas developed in previous chapters play out in the concrete setting of WTO dispute settlement. The main tenet of this book has been to portray WTO law as part of the wider corpus of public international law, with which it may either accumulate or conflict, and which it may either prevail over or have to give way to.

Type
Chapter
Information
Conflict of Norms in Public International Law
How WTO Law Relates to other Rules of International Law
, pp. 440 - 486
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×