The Multilateral Standard of Review

This dissertation argues for the adoption of a new interpretative standard that urges the WTO adjudicator to explicitly take account of the economic heterogeneity of the WTO Membership when construing exemption provisions in the GATT 1994. In particular, the judicial decision maker should construe and interpret exemption provisions using the embedded standard of review, such that the Member States’ economic conditions enlighten the contextual interpretation of the language of the provision. This multilateral standard of review compels the adjudicator to accord conditional deference to developmental policies, as applied by a Member State in expression of its preferred economic strategy to expand the trade and production of goods and services. This dissertation examines the history of the standard of review in the GATT 1947 and GATT 1994 in order to critically examine its application to the construction and interpretation of the exemption provision of Article XI:2(a) GATT 1994. The proposed multilateral standard of review overcomes the post-modern critique of judicial practice by emphasizing the collaborative intent of the Membership, as revealed through the adjudicator’s understanding of the object and purpose of the agreement.