An Economic Perspective on As Such/Facial versus As Applied Challenges in the WTO and U.S. Constitutional Systems

@article{Sykes2014AnEP,
  title={An Economic Perspective on As Such/Facial versus As Applied Challenges in the WTO and U.S. Constitutional Systems},
  author={A. Sykes},
  journal={International Economic Law eJournal},
  year={2014}
}
  • A. Sykes
  • Published 2014
  • Economics
  • International Economic Law eJournal
Suppose that a government governed by some treaty regime enacts a measure that authorizes an official to act contrary to the treaty. Suppose further, however, that no action in violation of the treaty has yet occurred. Should beneficiaries of the treaty obligation be allowed to invoke its dispute resolution process to challenge the measure in advance of such a violation? Or should they be required to wait until a violation has actually occurred? These and related questions raise important… Expand
3 Citations