Dispute Settlement in the World Trade Organization: Practice and ProcedureSpringer Netherlands, 1999 M02 1 - 315 pages Dispute settlement has a hidden side. While academics have explored the 'philosophy' of the World Trade Organization (WTO), no attempt has been made to examine it from a practical standpoint. Like most international regimes, the WTO has not paid particular attention to its procedural aspects. Dispute Settlement in the World Trade Organization is the first book to remove the mystery from the WTO's complex procedural law & to make it accessible for practitioners. Through a careful examination of actual practice, including their own experience, the expert authors reveal this hidden, yet crucial side of dispute settlement. Dispute Settlement in the World Trade Organization guides the practitioner from the very initial stages of the proceeding through to its completion. No other work does this. Its useful features include the following: . appendices containing the texts of the applicable agreements (most notably the WTO Understanding on Rules & Procedures Governing the Settlement of Disputes, dispute settlement provisions of all other WTO agreements, applicable GATT instruments, & the relevant articles of the Vienna Convention on the Law of Treaties); . footnotes to relevant WTO & secondary sources; . organizational charts of the WTO, the dispute settlement process & procedures before the Textile Monitoring Body; . indexes; & . tables & charts of all cases since January 1, 1995. The authors of Dispute Settlement in the World Trade Organization are a former official of the Legal Affairs Division of the General Agreement on Tariffs & Trade (GATT) & the WTO who has advised & assisted numerous panels, & a private practitioner who has counselled & represented governments & private clients with an interest in the outcomes of WTO & GATT dispute settlement proceedings. Their hands-on guide addresses all of the procedural questions that they actually confronted in the world of dispute settlement. Efficient, lucid, & up-to-date--nothing else comes close to the practicality of Dispute Settlement in the World Trade Organization. For these reasons, this work is an essential resource for practitioners (those who prepare & present cases to dispute settlement of the WTO & its Appellate Body & those who advise or represent governments & private clients with an interest in the outcomes), diplomats, government lawyers, universities, trade delegates, political scientists, & academics studying international trade or examining dispute settlement from a comparative standpoint. |
From inside the book
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Page 107
... reached by the authorities of the Member imposing antidumping duties " if the establishment of the facts was proper and the evaluation was unbiased and objective , even though the panel might have reached a different con- clusion . " In ...
... reached by the authorities of the Member imposing antidumping duties " if the establishment of the facts was proper and the evaluation was unbiased and objective , even though the panel might have reached a different con- clusion . " In ...
Page 122
... reaching a mutually satisfactory solution regarding appro- priate and equitable adjustments . " If a mutually satisfactory solution is not reached , any Member involved may refer the matter to the TMB for recom- mendations.138 Referral ...
... reaching a mutually satisfactory solution regarding appro- priate and equitable adjustments . " If a mutually satisfactory solution is not reached , any Member involved may refer the matter to the TMB for recom- mendations.138 Referral ...
Page 277
... reached , any Member concerned may refer the matter to the TMB for prompt review and recommendations . 5 . Members note that some cases of circumvention may involve shipments transiting through countries or places with no changes or ...
... reached , any Member concerned may refer the matter to the TMB for prompt review and recommendations . 5 . Members note that some cases of circumvention may involve shipments transiting through countries or places with no changes or ...
Other editions - View all
Dispute Settlement in the World Trade Organization: Practice and Procedure N. David Palmeter,Petros C. Mavroidis No preview available - 2013 |
Dispute Settlement in the World Trade Organization: Practice and Procedure David Palmeter,Petros C. Mavroidis No preview available - 2004 |
Common terms and phrases
22 April 60 days actionable subsidies Adopted as Modified agree Agreement on Agriculture Alcoholic Beverages Annex antidumping Appellate Body Appellate Body report apply arbitration body Article BISD Brazil Chairman complaining party confidential consider CONTRACTING PARTIES Countervailing Measures covered agreements decision developing country developing country Member Director-General Dispute Settlement Body DSB decides DSB meeting DSU Art establishment European Communities filed GATT implementation international law issue matter Measures Affecting Imports Measures Concerning Meat Member concerned ment Notice of Appeal notified obligations panel report panelists Plurilateral proceedings prohibited subsidy public international law reasonable period recommendations and rulings regard relevant request for consultations responses rules and procedures Secretariat specific submitted Subsidies and Countervailing supra note suspension of concessions terms of reference Textiles third participant third parties three Experts tion United unless the DSB Uruguay Round World Trade Organization written submissions WTO Agreement WTO Member