MJIEL Vol 7 Issue 2 2010 - Case Review

Perspectives on Legal Issues in WTO Jurisprudence

 in the First Half of 2010



Yenkong Ngangjoh Hodu[1]



Abstract: This article provides an overview of the current state of affairs with regard to WTO panel and Appellate Body proceedings in the first seven months of 2010 and then moves forward to examine four separate legal/systemic issues that came up in China – Publications and Audiovisual Products, U.S. – AD Measures on Carrier Bag and EC – Aircraft. Notwithstanding the variety of areas where international law covers, proponents of a decentralised system of international law often argues that no matter whether in the field of trade or environmental law, international law must be adapted to such diverse areas. Even if this issue seems to have been long laid to rest in the WTO legal system, recent revelations in EC – Aircraft panel report still cast some doubts as to how relevant bilateral agreements signed between WTO Members will be received in future cases by the WTO judicial body. The manner in which the EC – Aircraft panel saw a pre-WTO bilateral agreement in connection to EC obligation under the Agreement on Subsidies and Countervailing Measures (SCM Agreement) will be examined in part of this paper. The paper further discusses the issue of burden of proof, stare decisis in WTO jurisprudence and the link between GATT Article XX exceptions and other WTO agreements.

1 Dr. Ngangjoh Hodu is a lecturer in Law at the University of Manchester, School of Law. The views expressed in this article are the personal views of the author and not those of the organisation he represents. The author can be contacted at: yenkong.ngangjohhodu@manchester.ac.uk

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