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Full-Text Articles in Law
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Michigan Journal of International Law
Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Northwestern Journal of International Law & Business
In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.