We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure [email protected]
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Chapter 2 analyses the three selected challenges facing international tribunals – managing change, reviewing State conduct for compliance with international law, and dispute resolution – in World Trade Organization (WTO) adjudication, focusing on environmental disputes. WTO tribunals have often been faced with potential changes in international legal norms or changes in relevant facts. The chapter analyses the approach to the standard of review developed under the Agreement on the Application of Sanitary and Phytosanitary Measures. While this approach avoids WTO adjudicators determining questions of scientific correctness, it requires them to decide what counts as an adequate risk assessment process. The chapter then analyses the necessity tests developed by WTO adjudicators for scrutinising measures that pursue a permissible regulatory aim but also restrict a treaty-protected interest in trade liberalisation. Finally, the chapter interrogates an aspect of the WTO’s ‘chapeau jurisprudence’ that many commentators have read as a desirable example of international tribunals engaging in a procedural form of scrutiny and pushing regulating States to consider affected foreign interests.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.