A Handbook on the WTO Dispute Settlement System: A WTO Secretariat Publication
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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Introduction to the WTO Dispute Settlement System
Participants in the dispute settlement system
WTO Bodies involved in the dispute settlement process
Types of dispute in the other multilateral agreements on trade in goods
Only governmental measures of Members?
The panel stage
Adoption of panel reports
Surveillance until final implementation
Dispute settlement without recourse to panels
Amicus Curiae submissions
Burden of proof
Special and differential treatment
results to date
Communication from the DirectorGeneral on Article 5 of the DSU
Adoption of the reports by the Dispute Settlement Body
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Alcoholic Beverages amicus curiae Annex Appellate Body members Appellate Body Report appellate review apply Article 3.7 Article XXIII complaining party conciliation confidential consensus consider contracting party Council covered agreements deadline decision developing country Member Director-General dispute settlement procedures dispute settlement proceedings dispute settlement system division DSB meeting establishment European Communities expert review group filed footnote original implementation issue least-developed country Member matter measure mediation Member concerned mutually agreed solution non-violation complaint notice of appeal notified nullification or impairment oral hearing panel and Appellate panel report panelists parties and third Plurilateral reasonable period recommendations and rulings relevant request for consultations respondent rules and procedures SCM Agreement situation complaint specific Standing Appellate Body substantive meeting suspension of obligations third participant third parties trade Uruguay Round violation complaint World Trade Organization written submissions WT/DS WTO Agreement WTO dispute settlement WTO law WTO Members WTO Secretariat