States have often applied their laws extraterritorially in order to force other states to comply with international interests such as human rights and environmental standards due to the absence of reliable enforcement and legislative bodies in international society. Many disputes caused by such extraterritorial application have been settled in dispute settlement procedures of the GATT and World Trade Organization (WTO). However, some argue that the WTO is not an appropriate forum to settle extraterritorial disputes since competence of the WTO is limited to "trade" issues and the legitimacy of extraterritorial measures should be assessed by applying all relevant international norms. This paper argues, by analyzing the nature of extraterritorial disputes and by comparing past approaches taken to extraterritorial disputes with the WTO procedures, that the WTO can provide effective solutions to extraterritorial disputes procedurally and substantially. This paper also argues that WTO can contribute to the development of the international legal system in the course of its resolution of extraterritorial disputes by examining state practices after the GATT/WTO dispute settlement.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.32815 |
| Date | January 2001 |
| Creators | Tanaka, Yumiko. |
| Contributors | de Mestral, A. L. C. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001863517, proquestno: MQ79147, Theses scanned by UMI/ProQuest. |
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