Associate professor publishes new article
The article has been published in Indian Journal of International Economic Law, Vol 10 (2019), 60-103.
The article discusses rule of law problems in WTO law with focus on two cases; Mexico – Taxes on Soft Drinks and India – Solar Cells, which both concerned the exceptions to the free trade rules in Art. XX of GATT 1994.
There are in particular two issues of concern from a rule of law approach: the connection between international law and national law, like incorporation and direct effect, and the potential jurisdictional and norm overlap between WTO law and other international law. The article finds that some of the multilevel rule of law challenges identified in Mexico – Taxes on Soft Drinks seem to be overcome in India – Solar Cells, but there are still areas of uncertainty in the multilevel rule of law clashes between the WTO and other regimes which need to be addressed in future cases