National Treatment and WTO Dispute Settlement: Adjudicating the Boundaries of Regulatory Autonomy

(Hardback)

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The percieved impact of WTO law on the domestic regulatory autonomy of WTO members is increasingly becoming the subject of controversy and debate. This text brings together in an integrated analytical framework how the main WTO adjudicators, i.e. the panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judical solutions and their potential consequences for members' regulatory autonomy. In an attempt to identify a more proper balance between the WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguements from legal, logic and economic theory.

Reviews

His book is a thought-provoking addition to the body of work that considers the polarization between States and the potential Frankenstein they have created to govern their trade relations. -- Rajesh Pillai * World Trade Review *
Gaetan Verhoosel's book provides an important new contribution to the long-standing debate over the proper application of the national treatment obligation. [It] provides a fresh look at these issues, and offers some important insights into how the difficulties in applying the national treatment principle could be resolved. -- Simon Lester * Journal of International Economic Law *

Author Bio

Dr Gaetan Verhoosel is with the Legal Affairs Division of the WTO, where he advises WTO dispute settlement panels.