Connecting or Compartmentalizing the WTO and United States Legal Systems? The Role of the Charming Betsy Canon

摘要

Litigants before the US courts have frequently attempted to improve their legal position by relying on the Charming Betsy canon of statutory interpretation under which statutes which can be interpreted consistently with international obligations should be so interpreted. The argument has effectively been that the canon should be permitted to provide the interface between the World Trade Organization Agreements as interpreted by the World Trade Organization tribunals, and national statutes as interpreted by US executive agencies. The ease with which the canon can be stated belies the complexity and controversy now associated with its application. Some of the cases are arguably irreconcilable while academic opinion is similarly polarized by concerns about both the extent of judicial deference to agency interpretations, and about the slightest possibility of a more inquisitive approach. This article discusses how the canon has been applied and should be applied in domestic cases with a World Trade Organization dimension. A re-conceptualization of the canon's role in cases of this type is suggested.