Bulletin n. 2/2008
September 2008
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
    • Harrison James
    Legal and Political Oversight of WTO Waivers
    in Journal of International Economic Law , Volume 11, Number 2 ,  2008 ,  411-425
    This article discusses the legal and political processes available within the WTO for the scrutiny and oversight of waivers. These procedures include the initial approval procedures, as well as procedures for overseeing the implementation of waivers once they have been approved. It is submitted that the certain aspects of a waiver are inherently political and the principal mechanisms for their oversight are through the political organs of the WTO. Dispute settlement is, however, available as a tool for determining whether or not a WTO Member has complied with the substantive terms and conditions of a waiver. In this light, this article considers the legal status of waivers in the context of dispute settlement. It concludes that waivers are best characterized as exceptions so that the state invoking the waiver bears the burden of proving that the terms and conditions have been met. The article also suggests that there is no need for a narrow interpretation of waivers and that the customary international law rules of treaty interpretation should apply.
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