Good faith in the jurisprudence of the WTO : the protection of legitimate expectations, good faith interpretation, and fair dispute settlement / Marion Panizzon
Concepts and contents of good faith in international law -- Good faith and its corrolaries in the law of the WTO agreements -- Normativity of good faith in the WTO legal system -- Scholarly views of judicial arguments about the functions of WTO good faith -- Protection of legitimate expectations as GATT-specific good faith -- Good faith interpretation of the WTO agreements -- Good faith in non-interpretation by the WTO appellate body -- Towards a WTO-specific good faith interpretation? -- Good faith rules and procedures of WTO dispute settlement -- Good faith standard of factual review -- Legitimate expectations as to the precedential value of dispute settlement reports
Summary
What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the pr
Notes
Universität Bern 2004
Bibliography
Includes bibliographical references (pages 375-388) and index
