Non-violation complaints are a particular feature of the WTO legal order. Ever since the GATT came into force, non-violation complaints, based upon the tradition of bilateral US Trade Agreements, have puzzled scholars and practitioners alike. This book provides an in-depth analysis of panel practice and theory on the subject. It offers a new approach to reading and interpreting non-violation within contemporary international law. The reader will find not only a comprehensive analysis but also a new theory on non-violation complaints, based upon international liability. The book will be of help to all dealing with the complexities of WTO law and litigation and assist them in understanding the functioning of the WTO.
Bern, Berlin, Bruxelles, Frankfurt am Main, New York, Oxford, Wien, 2006. XLIV, 301 pp.
Contents: The Concept of Non-Violation Nullification or Impairment in WTO Law – The Established Interpretation of Non-Violation
Complaints – Refining the Interpretation of Non-Violation Complaints – Transforming the Non-Violation into Liability.