WTO Panel Dynamics- From Power-based GATT Renderings to WTO Rule-based Adjudication

ISBN-13: 9783836425391 / Angielski / Miękka / 2007 / 176 str.

John D. Emens

Opis

Many persons around the globe waited with great anticipation the creationof the World Trade Organization in 1995. The WTO with its panels andappellate bodies had the promise of bringing freer trade and fairer tradeadjudication than the sometimes large country favoritism practiced under theprevious GATT working party system. The question to ask is whether WTOpanels and appellate bodies have lived up to the ideals of the DisputeSettlement Understanding as well as the Dispute Settlement Body for whomthey serve. The research of this book seeks to understand where WTO paneldecisions tend to be made, and why panels decide as they do. The findings ofthis research indicate that rule-based arguments carry the day in WTO panelrenderings. This suggests that the power-weighted politics of working partiesin the GATT has been superseded by principle rendering panels in the WTO.