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The WTO Dispute Settlement System 1995-2003 : Studies in Transnational Economic Law - Federico Ortino

The WTO Dispute Settlement System 1995-2003

Studies in Transnational Economic Law

By: Federico Ortino (Editor), Ernst-Ulrich Petersmann (Editor)

Hardcover Published: February 2004
ISBN: 9789041122322
Number Of Pages: 607

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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.

Forewordp. vxii
List of Abbreviationsp. xxi
The Doha Development Round Negotiations on Improvements and Clarifications of the WTO Dispute Settlement Procedures
The Doha Development Round Negotiations on Improvements and Clarifications of the Dispute Settlement Understanding 2001-2003: An Overviewp. 3
Proposals for Improving the Working Procedures of WTO Dispute Settlement Panelsp. 19
Proposals for Moving from Ad Hoc Panels to Permanent WTO Panelistsp. 31
Improvements and Reforms of the WTO Appellate Bodyp. 41
Proposals for Reforms of Article 21 of the DSUp. 51
Proposals for Reform of Article 22 of the DSU: Reconsidering the "Sequencing" Issue and Suspension of Concessionsp. 61
Arbitration Within WTOp. 75
Special and Differential Treatment of Developing Countries Under the WTO Dispute Settlement Systemp. 87
Additional Negotiation Proposals on Improvements and Clarifications of the DSUp. 91
Policy Conclusions (2002)p. 99
Reflections on the Process of Clarification and Improvement of the DSUp. 105
The "Early Harvest Negotiations" in 2003p. 115
WTO Jurisprudence and Dispute Settlement Practice
Development of WTO Dispute Settlement Procedures Through Case-Lawp. 153
Inherent Powers of National and International Courtsp. 177
WTO Dispute Settlement Practice Relating to Gatt 1994p. 191
WTO Jurisprudence on De Jure and De Facto Discriminationp. 217
WTO Dispute Settlement Practice on Article XXIV of the Gattp. 263
Gatt, TBT and SPS: A Map of WTO Law of Domestic Regulation of Goodsp. 275
WTO Dispute Settlement Practice and Trade-Related Environmental Measuresp. 341
WTO Dispute Settlement Practice Relating to Subsidies and Countervailing Measuresp. 353
WTO Dispute Settlement Practice Relating to the General Agreement on Trade in Servicesp. 381
WTO Dispute Settlement Practice Relating to the Agreement on Trade-Related Intellectual Property Rightsp. 421
Appellate Body Jurisprudence on the Gats and Trips Agreementsp. 455
Participation of Developing Countries in the WTO Dispute Settlement Systemp. 475
Six Years on the Bench of the "World Trade Court"p. 499
Statistical Analysis of the WTO Dispute Settlement System (1995-2000)p. 531
Chronological Lists of WTO Dispute Settlement Invocations and Reportsp. 555
Report by the Chairman of the Special Sessions of the DSB to the TNC of 6 June 2003p. 579
Indexp. 599
Table of Contents provided by Rittenhouse. All Rights Reserved.

ISBN: 9789041122322
ISBN-10: 904112232X
Series: Studies in Transnational Economic Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 607
Published: February 2004
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 3.51
Weight (kg): 1.05