Good Faith in the Jurisprudence of the Wto by Krista Nadakavukaren Schefer
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Good Faith in the Jurisprudence of the Wto

Good Faith in the Jurisprudence of the Wto


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International Edition


About the Book

This book is the first to account for what good faith stands for in international trade law. The book describes how, why, and when the concept of good faith links WTO Agreements with public international law. It serves as a reference guide for scholars and practitioners by analyzing how GATT (General Agreement on Tariffs and Trade)/WTO dispute settlement institutions apply good faith in practice. Good faith is a general principle of law operating alongside treaties and customary rules. In WTO law, the principle of pacta sunt servanda, the prohibition of abus de droit, and the protection of legitimate expectations are considered to be corollaries of the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of the principle of good faith varies. Panel and the Appellate Body reports make different uses of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively, applying good faith to fill lacunae in any of the WTO covered agreements. Additionally, adjudicators use the principle to strike a balance between the obligation to liberalize trade and the right to invoke an exception from trade liberalization for the protection of the environment, culture, public morals, and human life or health. In this way, good faith safeguards the gains of multilateral trade liberalization against disgenuine interests, such as disguised protectionism.
About the Author: Marion Panizzon Dr iur (Bern) LL.M. (Duke) is Senior Research Fellow in International Economic Law at the World Trade Institute of the Universities of Bern, Neuchâtel and Fribourg. She is a former fellow of Georgetown University's Institute of International Economic Law.


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Product Details
  • ISBN-13: 9781841136202
  • Publisher: Bloomsbury Publishing PLC
  • Binding: Hardback
  • Height: 234 mm
  • No of Pages: 434
  • Series Title: Studies in International Trade and Investment Law
  • Sub Title: The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement
  • Width: 155 mm
  • ISBN-10: 1841136204
  • Publisher Date: 01 Sep 2006
  • Depth: 31
  • Language: English
  • Returnable: Y
  • Spine Width: 30 mm
  • Weight: 843 gr


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