Consumers Interests and WTO Jurisprudence: Towards a Consumer Friendly Application for a Balanced System

Abstract

International tribunals play a significant role in shaping a regime for which they are established. The WTO dispute settlement system is one of such systems established to settle disputes that arise among its members in relation to trade covered by the system. Thus, this research examines how the adjudicatory process of the multilateral trading system is shaping the rules of the multilateral trading system that have relevance to consumers interests. It focuses on the examination of the interpretation of the rules of the multilateral trading system that have relevance to consumers interests. It examines how the jurisprudence of the multilateral trading system has developed so far and the implication of such jurisprudence on safeguarding consumers interests. The research focuses on the capacity of the adjudicatory process in employing various techniques while interpreting the rules of the multilateral trading system. The examination reveals that the method of analysis of the rules of the multilateral trading system by the adjudicators can have significant implication on the promotion of consumers interests. The adjudicatory process so far followed different analysis regarding the determination of the likeness of products in a way that could have their own implication on safeguarding consumers interests without jeopardizing free trade. The adjudicators have tried to maintain the balance between regulatory autonomy of members and free trade as envisaged by the multilateral trading system. The examination reveals the struggle of the adjudicators to maintain this balance through various approaches in interpreting the rules of the multilateral system. The research argues that the adjudicators of the multilateral trading system have sufficient mandate to shape the rules of the multilateral trading system by designing the appropriate approach for the interpretation of the rules of the multilateral trading system. The thesis also examines how normative integration can help the adjudicatory process to incorporate various rules and principles of international law that would help in the interpretation of the multilateral trading system in harmony with the economic and non-economic interests of consumers. The research has found out that the adjudicators can contribute to the promotion of consumers interests through the proper interpretation of the rules of the system by employing the appropriate interpretative approach that would reflect both the demand and supply sides.