Browsing by Author "Granlund, Aarne"

This study analyzes the relationship between public international law and the legal system of the World Trade Organization from the perspective of fragmentation of international law specializing in the application of external public international law in the Dispute Settlement Body of the WTO. Fragmentation of international law was found to result from historical, functional and regional grouping of law-making treaties. In contrast, coherence in WTO law was found to result from, inter alia, the nature of the WTO as an international organization and from the subscription of general international law by the WTO panels and the Appellate Body. An irresolvable rule conflict of international law reveals the lack of coherence therein. In terms of WTO Law, conflicting rules have been found at least in environmental law, in human rights law and in international labour law. Review of relevant panel and Appellate Body reports did not provide evidence of current existence of such conflicts on a normative or functional level. Harmonious interpretation removed the conditions for conflict. It is questionable if harmonious interpretation ultimately increases coherence between WTO law and other subsystems of international law. Perhaps it is the best the WTO can do at the moment – but by no means it is enough for the protection of social goods such as human rights, the environment or the global workforce.