Cambridge Studies in International and Comparative Law: Series Number 55: National Law in WTO Law: Effectiveness and Good Governance in the World Trading System

This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws and administrative, judicial or quasi-judicial measures. Consequently, much of the WTO dispute settlement decisions and rulings relate in different ways to Members' national laws. Yet, up until the publication of this book, there was no systematic analysis of this vastly important subject. This book provides a thorough map of an increasingly complex field. In doing so, it extends the enquiry beyond well-known formulas and combines practical analysis with principled discussion of how the treatment of national law in international law can and should ensure effectiveness of international rules and promote good governance within nation-states.

1. Introduction; Part I: 2. National law in international law; 3. Systemic WTO obligations regarding national law; 4. WTO Dispute settlement procedures and national law; Part II: 5. The problem of characterization; 6. Standard of review, 7. National law as a question of fact; 8. Mandatory and discretionary legislation; 9. Conclusion.