Advanced Search
MyIDEAS: Login to save this article or follow this journal

Chronique de jurisprudence. Chronique du règlement des différends de l'OMC (2006-2008)

Contents:

Author Info

  • Walid Abdelgawad
  • Clotilde Jourdain-Fortier
  • Isabelle Moine-Dupuis
Registered author(s):

    Abstract

    The purpose of this review is to highlight those among the numerous decisions rendered by the Dispute Settlement Body in 2006/2007, which seem to us to be especially interesting in that they allow to draw more general lessons about the orientation of international trade law under WTO rules. Perseverance by litigants alone shows how important the stakes in these cases are : Two out of the three cases commented upon here are compliance reports ! The difficulties of definitely settling high-stake litigation may hardly be made more obvious. Protecting health and environment or fighting against international crime constitute the object of major disputes, which States pursue under a regime of economic liberalization and of globalized competition as a matter of preserving their public policy and the views of their people regarding the safeguard of such non-market values. A more general point resulting from this review is that, in this respect, the Dispute Settlement Body does not follow the more ambitious doctrinal or political concepts. In particular, it will not accept a national zero risk approach, but rather relies on some scientific pragmatism. Thus, it will allow trade barriers only when they are based on proved risks (see the biotech products or GMO and Hormones cases), a position, which others may hold to be too severe. If, however, States are allowed to impose their particular public policy, they may do so only in accordance with general WTO standards, namely by strictly respecting the rule of equal treatment. An example in point is presented by the Gambling and Betting case : The US may, by prohibiting Internet betting, fight against money laundering, and they may also seek to protect addict gamblers and young people who would go on-line to such sites. They may not, however, exempt US companies (be it those, whose business is betting about sporting events, especially horse races, under a specific national law) from the general regime of control.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_223_0357
    Download Restriction: free

    File URL: http://www.cairn.info/revue-internationale-de-droit-economique-2008-3-page-357.htm
    Download Restriction: free

    Bibliographic Info

    Article provided by De Boeck Université in its journal Revue internationale de droit économique.

    Volume (Year): t. XXII, 3 (2008)
    Issue (Month): 3 ()
    Pages: 357-393

    as in new window
    Handle: RePEc:cai:riddbu:ride_223_0357

    Contact details of provider:
    Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm

    Related research

    Keywords: international trade; dispute settlement; protection of the environment; protection of human health; precautionary principle; non-discrimination;

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_223_0357. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.