CISDL News & Press Releases

Doha Qatar | November 9 , 2001

It’s the Law, WTO !
All guests to Qatar have experienced the security measures. Often apologies for inconveniences are introduced by a short, "sorry, but it’s the law." And the measures are not much to criticise given the extraordinary circumstances of this Fourth Session of the WTO Ministerial Conference.

It’s the law; that poses a different question. Does the WTO respect international law? A new legal brief, released today, by the Centre for International Sustainable Development Law (CISDL) commission, based in Montreal, surveys recent positive movement made by the WTO especially through its dispute settlement mechanism towards international sustainable development law. "This evolving body of legal principles, applied to the WTO, reveals many remaining challenges," says Lead Council for Sustainable Trade Law Markus Gehring in Doha today. "The Appellate Body has made some way but only changes to WTO rules, i. e. WTO law, can overcome those challenges towards sustainable development law."

After a short introduction outlining the interpretation of the goal of sustainable development, the main legal principles of International Sustainable Development Law and their reception in the WTO are examined. "We started with the principle of international co-operation, because the WTO has advanced most in this area," explains Gehring. The next principle analysed is that of equity, for which special and differential treatment is a starting point, though the law should develop toward common but differential responsibility. "The current debate about implementation could get some legal guidance from this principle, that has largely been recognised in other areas of international law," high-lightens the Lead Counsel for Sustainable Trade, Competition and Investment Law in the CISDL. Sections on the principles of subsidiarity and of precaution follow. Finally, the brief analyses the principle of openness. "This principle lacks in large parts recognition in WTO law, but we would argue it has already become law and should be observed, despite the so-called contractual nature of the WTO."

CISDL commission member and Lead Counsel Gehring: "We would advise the WTO to place more weight on subsidiarity, openness and the equitable treatment of developing countries."