Article

The Role Of Domestic Courts In The Implementation Of WTO Law: The Political Economy Of Separation Of Powers And Checks And Balances In International Trade Regulation

Thomas Cottier

in The Oxford Handbook on The World Trade Organization

Published in print May 2012 | ISBN: 9780199586103
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199586103.013.0028

Series: Oxford Handbooks in Politics & International Relations

 The Role Of Domestic Courts In The Implementation Of WTO Law: The Political Economy Of Separation Of Powers And Checks And Balances In International Trade Regulation

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This article explores the complex problem of the domestic–international interface in implementing the obligations of the World Trade Organization (WTO), specifically discussing the role of domestic courts in assessing claims brought to them on the basis of WTO law. In doing so, it addresses the vital question of how far a domestic court can enforce international law, and further produce compliance from its legislative and executive branches. Other relevant questions include the comparative effectiveness of WTO law in different jurisdictions. Also discussed are domestic courts in relation to foreign affairs, the advent of WTO law, the status of WTO law in domestic law and courts, and judicial review. The article shows that traditional doctrines of dualism and monism in international law no longer provide an adequate framework in dealing with WTO law. Based upon the premise of the unity of all law, it argues in favour of the development of a doctrine in the process of dialogue and interaction of courts that may eventually also find its way into explicit principles and rules within the WTO.

Keywords: obligations; World Trade Organization; domestic courts; international law; compliance; foreign affairs; judicial review; domestic law; dualism; monism

Article.  11583 words. 

Subjects: Politics ; International Relations ; Political Economy

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