Overview

Modern discussions of the sources of international law usually begin with a reference to Article 38(1) of the Statute of the International Court of Justice which provides:

The Marrakesh Agreement Establishing the World Trade Organization – the WTO Agreement – is a “particular” international convention, within the meaning of Article 38(1)(a), as are the additional agreements and legal instruments dealing with trade in goods and services, as well as intellectual property rights, referred to in the Dispute Settlement Understanding as “covered agreements.” Resolution of disputes concerning the substantive rights and obligations of Members of the WTO under the covered agreements, of course, is governed by the DSU. Thus, in the words of Article 38(1)(a), the rules of the DSU “are expressly recognized by the contesting states” that are parties to WTO dispute settlement procedures. The same is true of the special rules and procedures contained in several of the covered agreements.