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Standards of Review in WTO Dispute Resolution
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Standards of Review in WTO Dispute Resolution

Matthias Oesch

Abstract

This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities ... More

Keywords: standard of review, WTO, dispute resolution, Appellate Body, international interdependence, national sovereignty, dispute settlement, Constitutionalism, domestic law, international law

Bibliographic Information

Print publication date: 2003 Print ISBN-13: 9780199268924
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780199268924.001.0001

Authors

Affiliations are at time of print publication.

Matthias Oesch, author
Senior Research Fellow, Department of Economic Law, University of Berne; Legal Adviser, Division of World Trade, Federal Department of Economic Affairs, Switzerland