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The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2014

Print ISBN-13: 9780199388660

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199388660.001.0001

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Comment and Analysis

Comment and Analysis

Competing “Principles of Justice” in Multilevel Commercial, Trade and Investment Adjudication: Need for More “Judicial Dialogues” and Legal “Cross-Fertilization”

(p.163) Comment and Analysis
The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

Ernst-Ulrich Petersmann

Oxford University Press

This chapter maintains that courts in the dispute settlement system of the WTO continue to neglect their legal duties (I). The diverse conceptions of multilevel “judicial governance” are due to competing principles in transnational law and adjudication (II). International law limits principles of “Westphalian justice” by protecting cosmopolitan rights and “constitutional justice” (III–IV). GATT 1947 focused on limiting judicial accountability of trade politicians (V). Only after the GATT Office of Legal Affairs was established and the Uruguay Round negotiations launched could the GATT legal system be transformed into the integrated WTO legal and dispute settlement system. Multilevel judicial cooperation among commercial, trade and investment adjudication should help limit the power-oriented claims of trade diplomats; the requirements of legal systems call for “judicial comity” among courts in the WTO legal and dispute settlement system (VI). Judicial “cross-fertilization” can help clarify “principles of justice” and protect WTO guarantees of non-discrimination and rule of law (VII).

Keywords:   arbitration, consistent interpretation, comity, commercial law, courts, GATT, investment law, justice, trade law, WTO

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