A priori causal inferences in the law of the World Trade Organization

Catherine E. Gascoigne

doi:10.1093/oso/9780192869012.003.0008

A priori causal inferences in the law of the World Trade Organization

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

This chapter examines the way in which current World Trade Organization (WTO) jurisprudence makes determinations regarding causation based on an a priori inferences about the nature of the cause. In particular, this tendency can be seen in the following three areas of WTO law: (1) Serious Prejudice (articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement)); (2) the General Exceptions (article XX of the General Agreement on Tariffs and Trade (GATT 1994) and article XIV of the General Agreement on Trade in Services (GATS)); and (3) the calculation of nullification and impairment for the purposes of retaliatory measures (article 22.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and article 4.10 of the SCM Agreement). The chapter will then turn to consider an alternative approach to determining causation in these agreements based on econometric models in order to interrogate real-world effects.

Original language	English
Title of host publication	Secondary rules of primary importance in international law
Subtitle of host publication	attribution, causality, evidence, and standards of review in the practice of international courts and tribunals
Editors	Gábor Kajtár, Basak Çali, Marko Milanovic
Place of Publication	Oxford, UK
Publisher	Oxford University Press
Chapter	8
Pages	142-163
Number of pages	22
ISBN (Electronic)	9780191965142
ISBN (Print)	9780192869012
DOIs	https://doi.org/10.1093/oso/9780192869012.003.0008
Publication status	Published - 2022
Externally published	Yes

Publication series

Name	European Society of International Law Series
Publisher	Oxford University Press

Access to Document

10.1093/oso/9780192869012.003.0008

Cite this

Gascoigne, C. E. (2022). A priori causal inferences in the law of the World Trade Organization. In G. Kajtár, B. Çali, & M. Milanovic (Eds.), Secondary rules of primary importance in international law: attribution, causality, evidence, and standards of review in the practice of international courts and tribunals (pp. 142-163). (European Society of International Law Series). Oxford University Press. https://doi.org/10.1093/oso/9780192869012.003.0008

Gascoigne, Catherine E. / A priori causal inferences in the law of the World Trade Organization. Secondary rules of primary importance in international law: attribution, causality, evidence, and standards of review in the practice of international courts and tribunals. editor / Gábor Kajtár ; Basak Çali ; Marko Milanovic. Oxford, UK : Oxford University Press, 2022. pp. 142-163 (European Society of International Law Series).

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Gascoigne, CE 2022, A priori causal inferences in the law of the World Trade Organization. in G Kajtár, B Çali & M Milanovic (eds), Secondary rules of primary importance in international law: attribution, causality, evidence, and standards of review in the practice of international courts and tribunals. European Society of International Law Series, Oxford University Press, Oxford, UK, pp. 142-163. https://doi.org/10.1093/oso/9780192869012.003.0008

A priori causal inferences in the law of the World Trade Organization. / Gascoigne, Catherine E.
Secondary rules of primary importance in international law: attribution, causality, evidence, and standards of review in the practice of international courts and tribunals. ed. / Gábor Kajtár; Basak Çali; Marko Milanovic. Oxford, UK: Oxford University Press, 2022. p. 142-163 (European Society of International Law Series).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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Gascoigne CE. A priori causal inferences in the law of the World Trade Organization. In Kajtár G, Çali B, Milanovic M, editors, Secondary rules of primary importance in international law: attribution, causality, evidence, and standards of review in the practice of international courts and tribunals. Oxford, UK: Oxford University Press. 2022. p. 142-163. (European Society of International Law Series). doi: 10.1093/oso/9780192869012.003.0008

A priori causal inferences in the law of the World Trade Organization

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