Description - Legal Principles in WTO Disputes by Andrew D. Mitchell
Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
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(228mm x 152mm x 24mm)
Cambridge University Press
Publisher: Cambridge University Press
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Author Biography - Andrew D. Mitchell
Dr Andrew D. Mitchell is a Senior Lecturer at Melbourne Law School. Andrew studied law at the University of Cambridge (PhD), Harvard Law School (LLM), and Melbourne Law School (LLB (Hons), Grad Dip Intl L). Andrew was previously a Solicitor with Allens Arthur Robinson (formerly Arthur Robinson & Hedderwicks) in Australia. He has also worked in the Trade Directorate of the Organisation for Economic Co-operation and Development (OECD), the Intellectual Property Division of the World Trade Organization (WTO), and the Legal Department of the International Monetary Fund (IMF). He was a Consultant to the IMF in Geneva from 2003 to 2005. During 2003-2004, Andrew was a Fellow at the Institute of International Economic Law, Georgetown University. Since 2004, he has been a Fellow of the Tim Fischer Centre for Global Trade & Finance at Bond University. In 2006, he was a Visiting Fellow at the Lauterpacht Research Centre for International Law, and in 2007 he was a Visiting Research Fellow at the British Institute of International and Comparative Law. Also in 2007, following a nomination by the Australian government, the WTO's Dispute Settlement Body added him to the indicative list of governmental and non-governmental panelists to hear WTO disputes. In addition to his Melbourne teaching, Andrew has taught WTO law to undergraduate and postgraduate students at Bond University, Monash University, and the University of Western Ontario, and to Australian and overseas government officials at the Australian Department of Foreign Affairs and Trade and the International Development Law Organization respectively. Andrew also consults for the private sector and international organisations. Andrew has published in numerous journals and books on areas including WTO law, public international law, international humanitarian law, and constitutional law.