Download e-book for kindle: At the Crossroads - The World Trading System and the Doha by Stefan Griller

By Stefan Griller

ISBN-10: 3211224033

ISBN-13: 9783211224038

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5 of the DSU by Malaysia WT/DS58/AB/RW, 22 October 2001, paras. 9296. How to Win a WTO Dispute Based on Non-WTO Law? 33 Obviously, for a WTO panel to give res judicata effect to another WTO panel or Appellate Body report is one thing; to give the same effect to a ruling or report by another court or tribunal (say, a SADC panel), is quite another. Two hurdles must be passed in this respect. First, WTO panels must recognize that res judicata is a principle of general international law that WTO panels must apply irrespective of whether the earlier ruling in question comes from within or outside the WTO.

Because of Non-WTO Law, a WTO Violation is Justified In Section II, we examined instances where non-WTO law may lead a panel to decline jurisdiction. In this Section, we assess how non-WTO law may, on the merits, prevent a finding of violation of WTO rules. As mentioned in the introduction, we are concerned not with cases where non-WTO law may simply influence the interpretation of WTO terms, be it by expanding or limiting the scope of 85 86 87 Ibidem, fn. 58. Ibidem, para. 38. htm. 88 Rather, we focus on the exceptional case where a harmonious interpretation of WTO rules and other rules is not possible and the non-WTO rule offers an independent defense for what would otherwise be a violation of the WTO treaty.

Consequently, a WTO panel ought, in those circumstances, to decline jurisdiction. It would then be for the parties, or the European Commission, to re-initiate the dispute before the European Court of Justice. 50 49 50 Crucially in this respect, WTO panels, like all other international tribunals, have the incidental jurisdiction ‘to interpret the submissions of the parties’ in order to ‘isolate the real issue in the case and to identify the object of the claim’ (Nuclear Test cases, ICJ Reports 1974, 262, para.

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At the Crossroads - The World Trading System and the Doha Round by Stefan Griller


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