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Journal of International Economic Law Advance Access originally published online on March 14, 2008
Journal of International Economic Law 2008 11(2):411-425; doi:10.1093/jiel/jgn012
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© Oxford University Press 2008, all rights reserved

Legal and Political Oversight of WTO Waivers

James Harrison*

* Teaching Fellow in International Law, Edinburgh School of Law. E-mail: james.harrison{at}ed.ac.uk


  Abstract

This article discusses the legal and political processes available within the WTO for the scrutiny and oversight of waivers. These procedures include the initial approval procedures, as well as procedures for overseeing the implementation of waivers once they have been approved. It is submitted that the certain aspects of a waiver are inherently political and the principal mechanisms for their oversight are through the political organs of the WTO. Dispute settlement is, however, available as a tool for determining whether or not a WTO Member has complied with the substantive terms and conditions of a waiver. In this light, this article considers the legal status of waivers in the context of dispute settlement. It concludes that waivers are best characterized as exceptions so that the state invoking the waiver bears the burden of proving that the terms and conditions have been met. The article also suggests that there is no need for a narrow interpretation of waivers and that the customary international law rules of treaty interpretation should apply.


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