As in other fields of law, the concept of reasonableness is a pervasive standard in the rules of both WTO law and international investment law. Reasonableness is employed because it is a flexible concept that allows the circumstances of each case to be taken into account in the application of a legal rule, avoiding the need to set a strict rule that may be over- or underinclusive in certain cases. As well as its function as a mechanism that allows treaty drafters to inject flexibility into legal rules, this chapter shows that the central role of reasonableness in international economic law is as a requirement that a measure, action or expectation be able to be rationally justified.
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