Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Kang, Jing
    The Presumption of Good Faith in the WTO As Such Cases: A Reformulation of the Mandatory/Discretionary Distinction as an Analytical Tool
    in Journal of World Trade , volume 46 n.4 ,  2012 ,  879-912
    Historically, the mandatory/discretionary distinction has been used as a deference tool in the WTO 'as such' cases. In recent years, the distinction has experienced fundamental changes from a threshold consideration to an analytical tool, and its legal status and implication is increasingly subject to confusion and suspicion. This article proposes a reformulation of the distinction as an analytical tool. The proposal retains the rationale underlying the distinction, i.e. the presumption of good faith, and is formulated as an evidentiary technique that influences evidence evaluation. It has the prospect of serving the function of a deference tool while providing certainty and consistency to the jurisprudence of 'as such' cases.
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