A Handbook on the WTO Dispute Settlement System: A WTO Secretariat Publication

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Cambridge University Press, Jun 17, 2004 - Business & Economics - 215 pages
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The WTO dispute settlement system plays an important role in clarifying and enforcing the legal obligations contained in the WTO Agreement. It has gained a strong practical relevance as more than 300 disputes have been brought from 1 January 1995 through October 2003. While dispute settlement is certainly not the only activity taking place within the WTO, it has become an important part of the practical reality of the Organization. WTO dispute settlement has also become an important tool in the management by WTO Members of their international economic relations at large. The objective of this handbook is to give the reader a good understanding of the practical operation of this system. Working through this guide, the reader will be introduced to all elements of the dispute settlement process, from the initiation of a case through to the implementation of the decision.
  

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Contents

Introduction to the WTO Dispute Settlement System
1
Participants in the dispute settlement system
9
WTO Bodies involved in the dispute settlement process
17
Arbitrators
24
Types of dispute in the other multilateral agreements on trade in goods
35
Only governmental measures of Members?
40
The panel stage
47
Adoption of panel reports
61
Surveillance until final implementation
86
Dispute settlement without recourse to panels
92
Amicus Curiae submissions
98
Burden of proof
105
Special and differential treatment
111
results to date
116
DSB Practices
152
Communication from the DirectorGeneral on Article 5 of the DSU
179

Adoption of the reports by the Dispute Settlement Body
74
Nonimplementation
80

Common terms and phrases

Bibliographic information