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

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  • Michael Ming Du

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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  • Michael Ming Du, 2011. "The Rise of National Regulatory Autonomy in the GATT/WTO Regime," Journal of International Economic Law, Oxford University Press, vol. 14(3), pages 639-675, September.
  • Handle: RePEc:oup:jieclw:v:14:y:2011:i:3:p:639-675
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    File URL: http://hdl.handle.net/10.1093/jiel/jgr029
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    Cited by:

    1. Daniel Becker & Magdalena Brzeskot & Wolfgang Peters & Ulrike Will, 2013. "Grenzausgleichsinstrumente bei unilateralen Klimaschutzmaßnahmen. Eine ökonomische und WTO-rechtliche Analyse," ZfU - Zeitschrift für Umweltpolitik und Umweltrecht, RECAP15, European University Viadrina, Frankfurt (Oder), vol. 36(3), pages 339-373, September.
    2. repec:euv:dpaper:9999 is not listed on IDEAS

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