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  1. Home
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  3. The Law and Politics of WTO Waivers
  • Cited by 9
Publisher:
Cambridge University Press
Online publication date:
December 2011
Print publication year:
2011
Online ISBN:
9781139003346
DOI:
https://doi.org/10.1017/CBO9781139003346
Subjects:
International Economics, Law, International Trade Law, International Business, Management
Series:
Cambridge International Trade and Economic Law (7)
Information

Book description

Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law.

Reviews

'This book is … both welcome and overdue.'

Christopher A. Thomas Source: British Yearbook of International Law

'Feichtner's book is a veritable encyclopedia of WTO waivers … What is more, she manages to … simultaneously [keep] things interesting.'

Jan Klabbers Source: International Organizations Law Review

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