An attempt has been made to make this Guide ‘reader-friendly’ by capturing the principles in the simplest way possible, without diluting the gist and content of the findings. However, in instances that involve very technical rulings, the original wording in the Panel/Appellate Body Report is used as closely as is possible so that the technical aspects are not lost to the reader.  It should be borne in mind that this Guide deals in most cases with matters of law, which though simplified, may still come through as technical to non-lawyers. It is hoped, however, that a sufficiently big part of this Guide remains accessible to all. It is hoped also that those readers trained in law do not find it oversimplified. As can be imagined, striking the right balance is not always easy.

The approach in putting together this guide is to not comment on the findings but simply to capture for the reader the principles involved, and to discuss the meaning of the terms. The aim is to put across what can be legitimately expected when and where these terms and principles present themselves for interpretation and application in the WTO. Effort has been made to capture the principles as applied generally, and as applied in specific circumstances as well.

Cases have been cited depending on their relevance to a principle or term and on whether or not they add to, or vary the principle. An attempt has been made to select those cases in which the principle or term was originally developed, applied or varied. Although some of the cases may appear dated, it will be realised that such being the nature of jurisprudence, there is little or no variance in the manner in which a principle or term is applied over the years. If anything, the very early Panel/Appellate Body findings and rulings are cited wholesale as authority by a later Panel/Appellate Body.

This Guide is by no means exhaustive in its identification of, and dealing with, the principles/terms. For a more detailed discussion of the principle/term, reference should always be made to the cases cited. Since it is the principles/terms rather than the cases or WTO Agreements that determine the structure of the Guide, not all cases or WTO Agreements are dealt with in equal measure. For example, little reference in the Guide is made to TRIPs and GATS for the reason that not many cases have been brought before the Panels/Appellate Body in this area.

It is hoped that this Guide, limited in scope as it is, will add to the sum total of knowledge in the area of WTO jurisprudence by making the cases ‘accessible’ and thereby making things a little simpler and easier for the reader.

Readers are encouraged to quote and reproduce this material for educational, non-profit purposes, provided the source is acknowledged. All views and opinions expressed remain solely those of the authors and do not purport to reflect the views of tralac.