Proportionality in WTO law

In many legal systems, the proportionality principle is an important tool f or judges to check the regulatory freedom of governments. In EC law, for ex ample, the proportionality principle is one of the most important unwritten principles commonly invoked before the European Court of Justice in challe nging EU legislation. Likewise, the proportionality principle could also pl ay a significant role in WTO law when judging regulations of WTO Members. T his article analyses the status of this principle in WTO law, looking at th ree different areas of WTO law where proportionality requirements have been explored: countermeasures, the TBT and SPS Agreements, and Article XX of G ATT. The experience in these three areas shows that the proportionality pri nciple has not yet been recognized as an unwritten principle of WTO law. Ra ther, requirements of proportionality depend on the actual language found i n the text of the relevant provisions. Sometimes more specific provisions w ill limit the proportionality principle's relevance as is the case for coun termeasures. In other cases, obligations that could result from a hypotheti cal over-arching WTO proportionality principle are specifically provided in the text of the agreements. However, depending on the language of the prov ision at stake, the implications of the proportionality requirements will d iffer. In sum, there is not one single overarching (unwritten) proportional ity principle in WTO law. Furthermore, this article submits that at this st age of the WTO's development, it would not be appropriate for the WTO dispu te settlement organs to assert such a principle.