THE ROLE OF INTERNATIONAL LAW IN THE DEVELOPMENT OF WTO LAW

Jiaxiang Hu

Journal of International Economic Law, 2004, vol. 7, issue 1, 143-167

Abstract: As a new branch of international law, WTO law consists of the rules which particularly regulate the transactions concerning trade in goods, trade in services, investment and trade-related intellectual property rights among WTO Members. To be more specific, WTO law is referred to as the 'single package' results of the Uruguay Round of multilateral trade negotiations (1986--1994). Basically, WTO law is no different from other branches of international law. The general principles, customary rules and the way of interpretation of international law all apply to the operation of WTO law. Notwithstanding this, WTO law still has its unique characteristics which are sufficient enough to distinguish it from other branches of international law. These differences can normally be perceived from their institutional statuses and dispute settlement mechanisms. The influence between international law and WTO law is mutual. While general international law determines the basic structure of WTO law, the creation of WTO law has also changed the landscape of international law. Oxford University Press 2003, Oxford University Press.

Date: 2004
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Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

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