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The Sutherland Report and the Theory of WTO Law 219 tHe sUtHerlanD report anD tHe tHeorY oF wto law C hi C arMody * The recent report of the Consultative Board to the WTO Director-General, referred to as the Sutherland Report, deals with a number of key issues in the present and future of the WTO. Among them are globalization, non-discrimi- nation, sovereignty, coherence, and dispute settlement. We legitimately can wonder what motivated this selection. After all, the WTO Agreement involves many issues. A casual review of the Sutherland Report might suggest that the Consultative Board simply chose those issues that have been the most politically sensitive for the organization and focused upon them. Looked at more closely, however, something else becomes apparent. This is that there is a common thread to most of the issues dealt with in the Sutherland Report and that they can be understood in an integrated manner according to a theory of WTO law. The Consultative Board may not have expressed its findings and recommendations in such terms, but there should be little doubt that its work was motivated by a belief in legal principle. This is an important insight, chiefly because most
International Organizations Law Review – Brill
Published: Jan 1, 2005
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