Paper Status Tracking
Contact us
[email protected]
Click here to send a message to me 3275638434
Paper Publishing WeChat

Article
Affiliation(s)

ABSTRACT

In WTO dispute settlement, the issue about the characterization of national law interpretation is concerned with judicial deference and the allocation of power between the WTO and Member States. This article examines WTO tribunals’ claim about their characterization of national law interpretation and their practice. On the one hand, WTO tribunals have claimed to characterize national law interpretation as a question of law; on the other hand, they have applied the same rule on the burden of proof for national law interpretation with that for other facts and provided deference to the legislating states especially in the circumstances where there is any suspicion or uncertainty about the meaning of national law. Therefore, WTO tribunals’ claim about the characterization is not consistent with their practice. WTO tribunals’ national law interpretation, in essence, is reinterpretation of national law, and should be characterized as a mixed question of law and fact.

KEYWORDS

Cite this paper

References

About | Terms & Conditions | Issue | Privacy | Contact us
Copyright © 2001 - David Publishing Company All rights reserved, www.davidpublisher.com
3 Germay Dr., Unit 4 #4651, Wilmington DE 19804; Tel: 1-323-984-7526; Email: [email protected]