The WTO does not squarely address the issue of jurisdictional ambit of national policies (affecting trade). And yet, absent some agreement as to what trading nations can and cannot do, the WTO loses much of its effectiveness. In the absence of explicit regulation of the issue in the WTO contract, one would reasonably expect WTO Members to behave in line with the postulates governing allocation of jurisdiction embedded in public international law. WTO practice evidences neither an explicit acceptance nor a refusal of these rules.
Petros C. Mavroidis,
Reaching Out for Green Policies: National Environmental Policies in the WTO Legal Order,
European University Institute, Robert Schuman Centre for Advanced Studies, Global Governance Programme Policy Paper No. RSCAS 2014/21; Columbia University School of Law, The Center for Law & Economic Studies Working Paper No. 474
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2373