Connecting or Compartmentalizing the WTO and United States Legal Systems? The Role of the Charming Betsy Canon

Arwel Davies

Journal of International Economic Law, 2007, vol. 10, issue 1, 117-149

Abstract: Litigants before the US courts have frequently attempted to improve their legal position by relying on the Charming Betsy canon of statutory interpretation under which statutes which can be interpreted consistently with international obligations should be so interpreted. The argument has effectively been that the canon should be permitted to provide the interface between the World Trade Organization Agreements as interpreted by the World Trade Organization tribunals, and national statutes as interpreted by US executive agencies. The ease with which the canon can be stated belies the complexity and controversy now associated with its application. Some of the cases are arguably irreconcilable while academic opinion is similarly polarized by concerns about both the extent of judicial deference to agency interpretations, and about the slightest possibility of a more inquisitive approach. This article discusses how the canon has been applied and should be applied in domestic cases with a World Trade Organization dimension. A re-conceptualization of the canon's role in cases of this type is suggested. Copyright 2007, Oxford University Press.

Date: 2007
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jieclw:v:10:y:2007:i:1:p:117-149

Ordering information: This journal article can be ordered from
https://academic.oup.com/journals

Access Statistics for this article

Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

More articles in Journal of International Economic Law from Oxford University Press Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK.
Bibliographic data for series maintained by Oxford University Press ().