INTERNATIONAL LAW

Relation between International Law and Law of WTO

Relation between International Law and Law of WTO

Introduction

One aspect of the World Trade Organization (WTO) that has, maybe, gone unobserved is the commitment it has made to the realm of international law. The nature of international law has always dependably been a disputable issue. Right from the times of John Austin, who diminished international law to constructive ethics, right up till today, despite the strides made by international law, individuals have frequently swayed in calling international law "law" in the proper sense of the term.

This uncertainty stems from the fact that international law has been considered needing in each of the three procedures that characterize any procedure of law making. These three procedures are: the method of making the law itself, the procedure of settling arguments on the premise of the law settled on and the authorization of choice relating to the questions. All these three methodologies have been overwhelmingly ruled by international politics and diplomacy. This has frequently made the critics inquire the authenticity of "international law."

If one compares this with the rule based framework secured under the aegis of the World Trade Organization, which is a part of public international law, one finds significant differentiation. The extent that the first procedure in law making is recognized, there is very little contrast.

Discussion

In this essay an attempt is made to understand the function of international law in World Trade law ("WTO Law"), and the extent of this relationship. The relationship has been seen at two levels that the general standards of international law accordingly apply to the WTO legal framework, unless unequivocally 'contract out', and, that international law does not apply to legal framework of WTO since it has been considered lex specialis, prohibiting "other" international law, unless generally furnished in the agreements.

This study reasonably focuses on the relation between World Trade Organization (WTO) law and international law. It presents a legal theory of law of WTO, restrained openness, as a way to comprehend that connection. The idea is that law of WTO, from its own particular viewpoint, develops its own particular law. The impact is that international law is not joined into WTO law comprehensively, yet is (re)constructed as WTO law.

International Law

International law consists of international legal standards governing the laws of the States. International agreements and treaties, diplomatic notes, amendments and protocols are part of this branch of law. The rules pertaining to international law may be bilateral (between two parties) or multilateral (more than two parties).

The more remote history of an agreement under international law took place in 3,200 BC, when the Chaldean cities of Lagash and Umma agreed to the delimitation of its frontiers after a war. In general, international law has always been focused on the preservation of peace and prevents the outbreak of armed conflict.

International law can be divided into public and private sectors. International law is the set of principles governing the legal relations between States. Individuals, therefore, are not subject to immediate their ...