The Inherent Jurisdiction of WTO Tribunals: The Select Application of Public International Law Required by the Judicial Function

Authors

Andrew D. Mitchell, Melbourne Law SchoolFollow
David Heaton, Mallesons Stephen Jaques, Australia

Abstract

This Article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction?

Recommended Citation

Andrew D. Mitchell & David Heaton, The Inherent Jurisdiction of WTO Tribunals: The Select Application of Public International Law Required by the Judicial Function, 31 Mich. J. Int'l L. 559 (2010).
Available at: https://repository.law.umich.edu/mjil/vol31/iss3/2