This article explores whether World Trade Organization (‘WTO’) panels and the Appellate Body (‘WTO Tribunals’) have the power to apply certain principles of international law by reason of their judicial character, and because the application of these principles is necessary for the proper exercise of their judicial function. In other words, do WTO Tribunals have an inherent jurisdiction? If so, what are some of the principles they might apply? What are the general limits of this jurisdiction?
Thursday, July 16, 2009
Mitchell & Heaton: The Inherent Jurisdiction of WTO Tribunals: The Need for a Principled Approach
Andrew D. Mitchell (Univ. of Melbourne - Law) & David Heaton have posted The Inherent Jurisdiction of WTO Tribunals: The Need for a Principled Approach. Here's the abstract: