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International Trade Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

2009

Commerce

Articles 1 - 2 of 2

Full-Text Articles in International Trade Law

The Internationalization Of Law And Legal Education, Jan Klabbers, Mortimer N.S. Sellers Mar 2009

The Internationalization Of Law And Legal Education, Jan Klabbers, Mortimer N.S. Sellers

Books

The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.


Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster Jan 2009

Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster

Faculty Scholarship

This short essay briefly traces the evolution of trade law enforcement from the the GATT to the WTO regime. The WTO's Dispute Settlement Understanding (DSU) is widely viewed as a major innovation from the GATT regime in that it subordinates unilateral enforcement of trade law to a rule-based system of multilateral enforcement. I recognize the successes of the WTO regime but the institution effective permits (if not encourages) the unilateral enforcement of trade law outside of the DSU framework Specifically, I examine how the DSU system only provides a prospective remedy - that is, the DSU permits retaliation only for …