Document Type

Book Chapter

Publication Date



I am pleased to have the opportunity to respond to Andreas Paulus’s very interesting contribution, and to elaborate on some of the matters he raises. As will be all too obvious, I am not an expert on general public international law. I undertook this assignment in the hope that I would learn something (as I have), and that I would eventually think of something useful to say (less clear). Happily, the one area of international law where I do have some expertise is the law of the World Trade Organization (WTO). The WTO is often used as an example in discussions of the ‘fragmentation’ of international law, which is one of the problems Paulus discusses, so I hope some remarks at the end about how the WTO and its Appellate Body handle problems of conflicting values may be useful. But I shall begin with more general issues.


Reproduced by permission of Oxford University Press.