The Activist Dimension of the Judicial Philosophy of the WTO

Author: Cheng Hongxing
Publisher:
Publish Date: 2006-01-01
Features: The core of the WTO's multilateral trade system lies in the balance of rights and obligations among its member states. The value orientation and judicial philosophy upheld by the WTO's judicial bodies when interpreting the provisions of WTO agreements directly impact the interests of its member states. The WTO's judicial philosophy should be strict textualism in treaty interpretation, and the value orientations of the WTO "judges" should not be arbitrarily reflected in judicial interpretations. When adjudicating cases, the WTO's judicial bodies should not advocate for the supremacy of free trade values, nor should they introduce issues such as human rights, environmental protection, and public health, which are merely general exceptions in WTO agreements, as value orientations into the WTO. As a strategy to combat judicial activism in WTO adjudication, the author proposes that member states strengthen legislative control over the WTO's judicial bodies, while calling on the WTO's judicial bodies to adhere to judicial restraintism to maintain the legitimacy of their rulings. This book comprehensively elaborates on judicial activism in the WTO dispute settlement mechanism, as well as the debate over the absence of judicial activism in WTO trade remedy dispute settlement.