As with other areas of international law, the public international law of trade is derived from a variety of sources that are not all of equal significance. In other words, the body of rules that may be regarded as sources by a WTO panel or AB are not hierarchically of equal significance when it comes to practical application. While municipal law is principally produced by national parliaments, the same does not apply at international level because there is no international parliament. Due to this lack of a centrally elected international legislator, the international legal system is a decentralised structure. As noted by Charles Rousseau almost a century ago, the law governing the activities of nation-states is one of cooperation and not of subordination. While the sources of municipal law may be straightforward, discovering where a particular rule of international law is to be found or whether a particular rule forms part of international law is not that straightforward. As is true of other inter-governmental organisations, the WTO is a member-driven organisation and only WTO members, as subjects of international law, may design and agree on the body of rules that will govern their activities and relationships with one another. In other words, consent is a key element in the formation of WTO law.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.