The Protection of Core Societal Values and Interests vs the Limits to WTO Dispute Settlement. Guest lecture by Dr. Christian Häberli, Senior Fellow, World Trade Institute

Focus
How did WTO become a target of anti-globalisers? Definitional issues: PIL only? Here, we focus on implementation measures with trade implications of core societal values: high moral ground vs non-discrimination vs fuzzy borders.

Theory
Non-discrimination and DSU automaticity as an issue (Art. 3.2 vs 3.7). Harmonious reading vs Exclusion of non-WTO Law (IEL, PIL, like products/ppm). Members only vs ISDS. Limits to naming, shaming and nudging. Toothless Art.XX(a) GATT. Vienna Convention and ius cogens: Adjudicators’ deference to whom? Interpretation and Calibration vs Policy Space.

Cases with WTO (+ RTA + ICSID + GSP) as fora for PIL/IEL conflict settlement
Pick your choice: forced labour (e.g. child labour, indebted/landless farmers, prostitution, sea slaves), indigenous peoples’ and other community rights, blood diamonds, freedom of association, deforestation, land and fish grab, food security/malnutrition/obesity, animal welfare, climate change mitigation, biodiversity, biotech/meat hormones/chlorine chicken. For desserts: eco- and socio-dumping and labelling with palm oil and Nutella!?

Dr. Häberli’s conclusion
DSU works well but for trade disputes only. If it ain’t broke don’t fix it!? How long will splendid isolation last?

Solutions for Core Societal Values and Public Morals
How to regain public trust, transparency, confidence, and societal support?