Date of this Version


Document Type

Journal Article

Publication Details

Published Version.

Mitchell, A. D., & Heaton, M. (2010). The inherent jurisdiction of WTO tribunals: The select application of public international law required by the judicial function. Michigan Journal of International Law, 31(3), 561-621.

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2010 HERDC submission. FoR Code: 180100

© Copyright Michigan Journal of International Law, 2010.


Extract: This article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction?

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This document has been peer reviewed.


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