Wto’s Standard of Review: the Effects on Member States’ National Laws

Abstract

There is a set mode of dispute resolution in WTO involving the Panel and AB. The decisions made by the two WTO bodies however have an impact on National Laws of both the recommending and opposing states. This being the case, the laws of member states may be interfered with for not meeting the standards set by WTO. Whereas the purpose of dispute settlement cannot be over-emphasized, problems arise anytime there is a convergence between national law and WTO’s. The standard of review presupposes that WTO agreements will take precedence over national law hence elevating the standard of review over national laws of member states. This thesis seeks to evaluate the extent to which the standard of review by Panels affect national laws of member states, identify the challenges experienced during the DSB rulings especially where national laws are brought into question. The study would also seek an understanding as to whether the standard of review can be formalized and harmonized in the context f WTO dispute resolution mechanism.