Bulletin n. 1/2017
June 2017
INDICE
  • 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
  • Petros C. Mavroidis
    The Gang That Couldn’t Shoot Straight: The Not So Magnificent Seven of the WTO Appellate Body
    in European Journal of International Law , volume 27, issue 4 ,  2016 ,  1107-1118
    The World Trade Organization’s (WTO) Appellate Body has produced a volume-wise import ant body of case law, which is often difficult to penetrate, never mind classify. In his EJIL Foreword article, Robert Howse has attempted a very lucid taxonomy of the case law, using the standard of review as a benchmark for it. His conclusion is that the Appellate Body is quite cautious when facing non-discriminatory measures, especially measures relating to the protection of human life and health, while it has adopted a more intrusive standard (into national sovereignty) when dealing with trade measures (like anti-dumping), which are by definition discriminatory since they concern imports only. In my response, I share his basic conclusion and add that this is not the outcome of a process that mandates this standard of review but, simply, a political reaction aimed at placating the WTO membership.
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