This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
Table of Contents
1. WTO Adjudication and the Normativity of Equity in International Law 2. The Applicability of Equity And Equitable Principles in WTO Adjudication 3. The Applications of Equity And Equitable Principles in WTO Adjudication 4. Equity and Equitable Principles as Interstitial Norms in WTO Adjudication 5. The Inter-Systemic Operation of Equity In WTO Adjudication as a ‘Negative Catalyst’
Anastasios Gourgourinis was elected Lecturer in Public International Law, specializing in International Economic Law, at the National and Kapodistrian University of Athens Faculty of Law in July 2011, and is an advocate with the Athens Bar in Greece.He currently serves as a Special Legal Advisor for Strategic Investments at the Hellenic Ministry of Development, Competitiveness, Infrastructure, Transport and Networks, and is a Research Fellow at the Academy of Athens.