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The Gatt/Wto Dispute Settlement System

The Gatt/Wto Dispute Settlement System
Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
Total Pages: 368
Release: 1997-02-11
Genre: Political Science
ISBN: 9789041109330

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The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.


Negotiating the Review of the WTO Dispute Settlement Understanding

Negotiating the Review of the WTO Dispute Settlement Understanding
Author: Thomas Alexander Zimmermann
Publisher: Cameron May
Total Pages: 321
Release: 2006
Genre: Law
ISBN: 1905017170

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Since the establishment of the WTO on 1 January 1995, the dispute settlement mechanism has arguably been the most active part of the Organization. In the first ten years up to 31 December 2004, a total of 324 consultation requests have been notified to the WTO. Dispute settlement practice has thus contributed to the evolution of the multilateral trading system even at times when political negotiations made little head way. Since late 1997, Members have engaged, under different mandates, in negotiations on improvements and clarifications to the dispute settlement mechanism. So far, none of these efforts have borne fruit and all the negotiating deadlines have lapsed without success. Currently, negotiations are continuing, however without any specific time limit. This book reviews the DSU reform negotiating process since 1998. It discusses the proposals that Members have submitted under the Doha mandated review in 2002 and 2003, w


Reform and Development of the WTO Dispute Settlement System

Reform and Development of the WTO Dispute Settlement System
Author: Dencho Georgiev
Publisher: Cameron May
Total Pages: 488
Release: 2006
Genre: Arbitration and award, International
ISBN: 1905017243

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The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.


The WTO Dispute Settlement Procedures

The WTO Dispute Settlement Procedures
Author: Gabrielle Marceau
Publisher: Conran Octopus
Total Pages: 128
Release: 1995
Genre: Business & Economics
ISBN:

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Enforcing World Trade Rules

Enforcing World Trade Rules
Author: William J. Davey
Publisher: Cameron May
Total Pages: 339
Release: 2006
Genre: Conflict of laws
ISBN: 1905017405

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WTO Dispute Settlement Understanding and Development

WTO Dispute Settlement Understanding and Development
Author: Mervyn Martin
Publisher: Martinus Nijhoff Publishers
Total Pages: 361
Release: 2013-01-30
Genre: Law
ISBN: 9004227814

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This book examines the effectiveness of the World Trade Organisation (WTO) Dispute Settlement Understanding (DSU) in pursuing the developmental objectives of the WTO is a whole.


The Standard of Review in WTO Dispute Settlement

The Standard of Review in WTO Dispute Settlement
Author: Ross Becroft
Publisher: Edward Elgar Publishing
Total Pages: 289
Release: 2012-01-01
Genre: Political Science
ISBN: 178100224X

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'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.


The WTO Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism
Author: Alberto do Amaral Júnior
Publisher: Springer
Total Pages: 391
Release: 2019-04-09
Genre: Law
ISBN: 3030032639

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This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.