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Article
The Rise of National Regulatory Autonomy in the GATT/WTO Regime
Journal of International Economic Law (2011)
  • Michael Ming Du
Abstract
This paper 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 paper 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.
Publication Date
Winter October 1, 2011
Citation Information
Michael Ming Du. "The Rise of National Regulatory Autonomy in the GATT/WTO Regime" Journal of International Economic Law Vol. 14 Iss. 3 (2011) p. 639 - 675
Available at: http://works.bepress.com/michael_du/5/