Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
- Examines how the WTO interacts with public international law, allowing WTO and public international lawyers to see the connections between bodies of law that are sometimes compartmentalised
- Discusses the roles of international law and legal theory in WTO disputes while taking into account practical ramifications, thus offering a balance between theory and practice
- The problems with the current situation are made clear to readers, and the book also provides a clear framework for resolving them
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Reviews & endorsements
Review of the hardback: 'The book is well structured, clearly written and eminently readable (which is an achievement in and of itself, given the complexity of the subject matter). In addition, Dr Mitchell does not shy away from using scholarship and development in other fields in the course of his arguments … an important resource and excellent starting point for the consideration of issues surrounding the use of legal principles within the WTO context … Dr Mitchell's book is an eminently useful and worthy addition to any collection of trade law literature and a valuable resource for academic, practitioner or student.' Journal of International Economic Law

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Product details
- Date Published: November 2011
- format: Paperback
- isbn: 9781107401631
- length: 364 pages
- dimensions: 228 x 152 x 17 mm
- weight: 0.58kg
- availability: In stock
Table of Contents
1. Introduction
Part I. A Framework for Principles:
2. Principles of particular relevance to the WTO
3. Legal basis for using principles in WTO disputes
Part II. Selected Principles Examined:
4. Good faith
5. Due process
6. Proportionality
7. Special and differential treatment
8. Conclusion.
Look Inside
Author
Andrew D. Mitchell, University of Melbourne
Dr Andrew D. Mitchell is a Professor at Melbourne Law School. Andrew studied law at the University of Cambridge (PhD), Harvard Law School (LLM) and Melbourne Law School (LLB (Hons), Grad Dip Intl L). In 2007, following a nomination by the Australian government, the WTO's Dispute Settlement Body added him to the Indicative List of Governmental and Non-Governmental Panelists to hear WTO disputes. From 2003–2005, Andrew was a Consultant to the International Monetary Fund in Geneva, focusing on WTO issues. He has previously worked with the Organisation for Economic Co-operation and Development (OECD), Davis Polk and Wardwell, and Allens Arthur Robinson. Andrew also consults for the private sector and governmental and non-governmental organisations including the International Development Law Organization, the Canadian International Development Agency and the World Health Organization. He has held visiting positions at the Lauterpacht Research Centre for International Law, the British Institute of International and Comparative Law, the London School of Economics, the International Arbitration Group of WilmerHale and the Institute of International Economic Law.