The WTO dispute settlement system, 1995-2003
"In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ¿ordinary meaning¿ of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the legislative and (quasi) judicial activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus"--Provided by publisher
Studies in transnational economic law, v. 18, volume 18
Rules
1 online resource (xxii, 607 pages)
9789041122322, 9781322103877, 904112232X, 1322103879
1049172124
pt. I. The Doha Development Round negotiations on improvements and clarifications of the WTO dispute settlement procedures
1. The Doha Development Round negotiations on improvements and clarifications of the dispute settlement understanding 2001-2003 : an overview
2. Proposals for improving the working procedures of WTO dispute settlement panels
3. Proposals for moving from ad hoc panels to permanent WTO panelists
4. Improvements and reforms to the WTO Appellate Body
5. Proposals for reforms of Article 21 of the DSU
6. Proposals for reform of Article 22 of the DSU : reconsidering the "sequencing" issue and suspension of concessions
7. Arbitration within WTO
8. Special and differential treatment of developing countries under the WTO dispute settlement system
9. Additional negotiation proposals in improvements and clarifications of the DSU
10. Policy conclusions (2002)
11. Reflections on the process of clarification and improvement of the DSU
12. The "early harvest negotiations" in 2003
pt. II. WTO juriprudence and dispute settlement practice
13. Development of WTO dispute settlement procedures through case-law
14. Inherent powers of national and international courts
15. WTO dispute settlement practice relating to GATT 1994
16. WTO juriprudence on de jure and de facto discrimination
17. WTO dispute settlement practice in Article XXIV of the GATT
18. GATT, TBT and SPS : a map of WTO law of domestic regulation of goods
19. WTO dispute settlement practice and trade-related environmental measures
20. WTO dispute settlement practice relating to subsidies and countervailing measures
21. WTO dispute settlement practice relating to the General Agreement on Trade in Services
22. WTO dispute settlement practice relating to the Agreement on Trade-Related Intellectual Property Rights
23. Appellate Body jurisprudence on the GATS and TRIPS agreements
24. Participation of developing countries in the WTO dispute settlement system
25. Six years on the bench of the "World Trade Court"
26. Statistical analysis of the WTO dispute settlement system (1995-2000)