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2 results

  • 7 - Office in Action

  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book:
    Non-Statutory Executive Powers and Judicial Review
    Published online:
    18 August 2022
    Print publication:
    25 August 2022, pp 147-174

  • Summary

    This chapter introduces the central technical apparatus to describe official action and thus, also, to describe the mechanics of judicial review of official action implicit in the traditional terminology of ‘ultra vires', that is, acting ‘beyond one's powers'. Officials are reposed with powers in virtue of rules of two types, which I call rules of competence and rules of conduct. These are not just labels of convenience, they explain the constitution of office and the inherently legal and limited nature of official vires. They box out the ‘space’ in which an official (i) can and (ii) may act lawfully, which space I call ‘Spielraum'. This concept relates to a modified Hohfeldian schema of jural relations which removes the temptation of "residual liberties" as a valid category of the official legal position.

  • The WTO's Rules of Conduct for Dispute Settlement

  • Jochem Wiers
  • Journal:
    Leiden Journal of International Law / Volume 11 / Issue 2 / June 1998
    Published online by Cambridge University Press:
    02 March 2004, pp. 265-274
    Print publication:
    June 1998

  • This article provides an overview of, and a short comment on the WTO's Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes. After an introduction, the nine articles and three annexes of the Rules are described. Next, some comments are made. The article concludes arguing that some clarifications to the Rules could be made. However, these are not expected to be realised shortly, since there is as yet little or no experience with the Rules. Interpretative issues regarding the Rules appear unlikely to be invoked frequently for fear of impairing the success of the dispute settlement process.