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The Gatt Wto Dispute Settlement System

Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Size: 22.33 MB
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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.

Reform And Development Of The Wto Dispute Settlement System

Author: Dencho Georgiev
Publisher: Cameron May
ISBN: 1905017243
Size: 26.27 MB
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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 System 1995 2003

Author: Federico Ortino
Publisher: Kluwer Law International
ISBN: 904112232X
Size: 61.96 MB
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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.

Dispute Settlement In The World Trade Organization

Author: David Palmeter
Publisher: Cambridge University Press
ISBN: 9780521530033
Size: 49.99 MB
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Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised 2004 edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

Wto Dispute Settlement Understanding And Development

Author: Mervyn Martin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227806
Size: 54.98 MB
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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.

Wto Dispute Settlement

Author: Jeanne Grimmett
Publisher: DIANE Publishing
ISBN: 1437983448
Size: 20.97 MB
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Although the U.S. has complied with adverse rulings in many past World Trade Org. (WTO) disputes, there are currently 11 cases in which rulings have not yet been implemented or the U.S. has taken action and the dispute has not been fully resolved. Contents of this report: (1) WTO Dispute Settlement Procedures: (2) Uruguay Round Agreements Act: Statutory Requirements for Implementing WTO Decisions: Section 102: Domestic Legal Effect of WTO Decisions; Domestic Implementation of WTO Decisions Involving Administrative Action; (3) Pending Cases Involving Legislative Action; (4) Pending Cases Involving Administrative Action. This is a print on demand edition of an important, hard-to-find publication