Cross-agreement complaints before the Appellate Body: a case study of the EC–Asbestos dispute

WTO panels are often called upon to decide overlapping claims based on different WTO agreements. One such dispute was the EC–Asbestos case where claims were made under both GATT 1994 and the Agreement on Technical Barriers to Trade (TBT). This paper examines whether the Appellate Body's refusal...

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Bibliographic Details
Published inWorld trade review Vol. 1; no. 1; pp. 63 - 87
Main Author PAUWELYN, JOOST
Format Journal Article
LanguageEnglish
Published Cambridge, UK Cambridge University Press 01.03.2002
Subjects
Agreements
Asbestos
Asbestos fibers
Bans
Case studies
Commercial treaties
Dispute resolution (Law)
Environmental aspects
European communities
Foreign relations
International disputes
International trade
Provisions
Studies
Trade barriers
Trade restrictions
World Trade Organization. Appellate Body
EUROPE
CANADA
Canada
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Summary:WTO panels are often called upon to decide overlapping claims based on different WTO agreements. One such dispute was the EC–Asbestos case where claims were made under both GATT 1994 and the Agreement on Technical Barriers to Trade (TBT). This paper examines whether the Appellate Body's refusal in that case to examine Canada's TBT claims was justified. The conclusion reached is no, based on the principle jura novit curia, the general prohibition on non liquet and the WTO case law on judicial economy. In addition, the paper examines when two WTO norms must be seen as ‘in conflict’. It argues in favour of broadening the current definition of conflict and clarifies the consequences of a norm being lex specialis.
Bibliography:WORLD TRADE REVIEW, Vol. 1, No. 1, Mar 2002, 63-87
Informit, Melbourne (Vic)
ISSN:1474-7456
1475-3138
DOI:10.1017/S1474745601001033