Key Issues in Wto Dispute Settlement: The First Ten Years

ISBN-13: 9780521861595 / Angielski / Twarda / 2005 / 328 str.

Rufus Yerxa; Bruce Wilson

Opis

Examines the operation of the WTO dispute settlement system during the WTO's first ten years.

Recenzje

'… it provides a wealth of details on certain aspects of the DSU. … The book, hence, can be recommended to those interested in the details of this procedure.' Script-ed

Spis treści

Part I. Introduction and General Considerations: 1. The power of the WTO dispute settlement system Rufus Yerxa; 2. The WTO dispute settlement and general international law Georges Abi-Saab; Part II. The WTO Dispute Settlement System: Its Processes and its Institutions: 3. The WTO dispute settlement system and its operation: a brief overview of the first 10 years Bruce Wilson; 4. The role of the Dispute Settlement Body in the dispute settlement process Bozena Mueller Holyst; 5. Consultations and the panel process in the WTO dispute settlement system Gabrielle Marceau; 6. Contingent trade remedies and WTO dispute settlement: Some particularities Jesse Kreier; 7. The making of the 'World Trade Court': the origins and developments of the Appellate Body of the World Trade Organization Peter Van den Bossche; 8. Special challenges at the appellate stage: a case study Valerie Hughes; 9. The reasonable period of time for compliance with the rulings and recommendations adopted by the WTO Dispute Settlement Body Werner Zdouc; 10. Implementation of panel and Appellate Body rulings: an overview Brendan McGivern; 11. A brief introduction to countermeasures in the WTO dispute settlement system Yves Renouf; Part III. The WTO Dispute Settlement System: Systemic and Other Issues: 12. The role of lawyers in the WTO dispute settlement system Giorgio Sacerdoti; 13. Jurisdiction in WTO dispute settlement Joel Trachtman; 14. Due process in WTO disputes Andrew Mitchell; 15. Standards of review in WTO panel proceedings Matthias Oesch; 16. Administration of evidence in WTO dispute settlement proceedings Scott Andersen; 17. Confidentiality issues under the DSU: fact-finding process versus confidentiality Olivier Prost; 18. Panels' consultations with scientific experts Mireille Cossy; 19. Amicus curiae participation in WTO dispute settlement James Durling and David Hardin; 20. Suspension of concessions and retaliation under the Safeguards Agreement Raimund Raith; 21. Compliance with WTO dispute settlement decisions: is there a crisis? John Magnus; 22. DSU review: A view from the inside Celso de Tarso and David Evans; Part IV. Annexes: Annexes I-V: Selected statistics: The first ten years of the WTO; Annex VI. Biographical note on contributing authors; Annex VII. Table of cases.