The WTO in Public International Law: Jurisdiction, Interpretation and Accommodation

Abstract

The WTO is a specialized treaty-regime dealing with trade and economic relations among its Members. Its dispute settlement system exists to resolve disputes relating to obligations under the WTO covered agreements, it is not an international court of general jurisdiction. The Appellate Body has recognized that the WTO Agreement does not exist in “clinical isolation” from public international law. Recognizing this, the Appellate Body has looked to public international law for guidance in interpreting and applying WTO obligations.

There are limits, however, on what a specialized international tribunal, created by the Members of a treaty regime, can and should do vis-à-vis other international law. There is a role as well for the legislative bodies of the WTO. It is not the role of the WTO panels and Appellate Body to resolve inconsistencies in the application of various treaty obligations. That is the responsibility of the WTO Members themselves. If the means for taking decisions and amending the agreements are too cumbersome, the Members should improve the rulemaking process to make it more effective, rather than expect the Appellate Body to carry the responsibility for the system as a whole.

Keywords: World Trade Organization, WTO, international law, public international law, interpretation, jurisdiction, treaty, Appellate Body, international organization, international court