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The Rise of National Regulatory Autonomy in the GATT/WTO Regime

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  • Michael Ming Du
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    Abstract

    This article sets forth two arguments. First, to respect a WTO Member's national regulatory autonomy in the world trading system is essential to ensure the WTO's long term success in light of the WTO's institutional constraints, the WTO's underlying philosophy and the WTO's nature as an incomplete contract. Second, and contrary to many popular criticisms against the WTO's allegedly intrusive penetration to national regulatory autonomy, this article argues that these critics have failed to appreciate the recent WTO case law developments. Indeed, the recent WTO case law has shown that the WTO Appellate Body has quietly fine-tuned its previous jurisprudence and as a result, WTO Members enjoy a broader scope of regulatory autonomy than conventionally assumed. Oxford University Press 2011, all rights reserved, Oxford University Press.

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    Bibliographic Info

    Article provided by Oxford University Press in its journal Journal of International Economic Law.

    Volume (Year): 14 (2011)
    Issue (Month): 3 (September)
    Pages: 639-675

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    Handle: RePEc:oup:jieclw:v:14:y:2011:i:3:p:639-675

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    Cited by:
    1. Daniel Becker & Magdalena Brezskot & Wolfgang Peters & Ulrike Will, 2013. "Grenzausgleichsinstrumente bei unilateralen Klimaschutzmaßnahmen. Eine ökonomische und WTO-rechtliche Analyse," Discussion Paper Series RECAP15, RECAP15, European University Viadrina, Frankfurt (Oder) 010, RECAP15, European University Viadrina, Frankfurt (Oder).
    2. repec:euv:dpaper:9999 is not listed on IDEAS

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