ABSTRACT
This chapter considers how aspects of the principle of good governance have been manifested in the case law of the World Trade Organization (WTO) over the last 20 years. It focuses on two aspects of good governance: the concepts of transparency and due process. The cases indicate that duties of transparency must be implemented carefully by national authorities to avoid provoking tension with other aspects of good governance such as impartial administration. Due process is examined through the lens of cases relating to the duty to give reasons for national administrative decisions. The importance of the role of private traders in the WTO system was again emphasised in Argentina – Poultry Anti-Dumping Duties. This case, brought by Brazil, related in part to the interpretation of Article 12.1 of the WTO Anti-Dumping Agreement. The chapter focuses on the role of reasons in improving the quality of domestic decisions, at least in the area of trade.
