Constitutionalization” and Dispute Settlement in the wto

National Security as an Issue of Competence

Bibliographic Data

ID9548838
AuthorsHannes L Schloemann, Hannes Schloemann (New York University, corresponding author), Stefan Ohlhoff
Year1999
Volume93
Issue2
Pages424-451
Publication date1999-04-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/2997999
OpenAlexW1969582966
LanguageEN
Citations received14

The 1994 Uruguay Round revision of the dispute settlement mechanism under the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO) has made it a forum both for traditional trade issues and for interests ranging from environmental protection to national security. The limits of GATT jurisdiction have become important issues of dispute settlement within the WTO, especially as the emergence of the WTO and its rule-based, quasi-obligatory dispute settlement system has spurred a significant shift toward legalism. Constitutional structures are developing much faster in international trade law than in any other area of international law and, in the aftermath of the Uruguay Round, are integrating ever more aspects of economic relations among states. Within the WTO regime the dispute settlement mechanism established by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) plays a prominent role in enforcing its rules and reconciling a wide array of the members’ interests. The limits of the reach of the dispute settlement mechanism, given its obligatory character, are, to a certain degree, the limits of the constitutionalization of the organization as a whole

Business · Competence (human resources · Dispute resolution · Economics · International trade · International trade law · Jurisdiction · Law and economics · Legalism (Western philosophy · Political science · Politics · Security interest · Settlement (finance · World trade · International Arbitration and Investment Law · International Law and Human Rights · Law · World Trade Organization Law

Tools

Open DOISci-Hub