Public policy as a functional concept in the WTO: the utility for developing nations as illustrated by Saudi Arabia’s accession
The concept of public policy has potential to increase the effectiveness of the use of the WTO exceptions to the covered agreements by member states, while decreasing the likelihood of misuse, which will be of certain benefit to the trade organization as a whole. This PhD study examines the use of public policy or "overriding principles" as it exists in three legal orders; the European Union, the Common Law of England and Wales, and the World Trade Organisation by conducting a comparative documentary analysis of the development and application of "overriding principles" in each legal order and the mechanisms used to monitor, control and encourage the evolution of the concept. The thesis argues that although different terms are used by each legal order, the function is similar, and therefore public policy can be successfully applied to the World Trade Organisation. On the basis of the findings of the comparative analysis, the research aims to develop a functional concept of public policy that can be applied to the WTO to better achieve its goals as an international trade liberalising organisation, streamlining the accession process for new members, assisting developing countries to participate in the international market and maintaining a balance with the obligations to the organisation and lessening the potential for disputes to arise. A case study of the accession of the Kingdom of Saudi Arabia to the World Trade Organisation exemplifies the experience of developing nations and the potential for public policy to improve the balance of rights and obligations within this legal order.
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