Dispute Settlement in the World Trade Organization

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Cambridge University Press, 2022 M02 17 - 598 pages
The WTO dispute settlement process has evolved in recent years into one of the most successful, yet complex, systems of international arbitration. In this extensively revised new edition of Palmeter, Mavroidis, and Meagher's authoritative book on WTO dispute settlement, the authors provide a comprehensive overview of each step of the WTO dispute settlement process, examining both the history of the system, the governing legal rules, and the more informal procedural aspects of the process in detail. This edition takes into account the jurisprudence of panels and the Appellate Body up to the end of 2020 and includes an analysis of the current crisis in the WTO Appellate Body. This volume is an essential tool for practitioners, diplomats, government lawyers, and students of WTO law and should equally be of interest to students of other forms of international arbitration.

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Contents

153
4
Civil Law and Common Law
25
2 The Advisory Centre on WTO
31
Recommendations of the DSB
65
153
71
Sources of
86
Agreements
92
Agreements
129
7 Proceedings Involving Both Prohibited and Actionable
279
Evidence and Proof
298
6 Article 22 6 Arbitrations
334
The Appellate Process
348
20 Amicus Curiae Briefs
377
Adoption and Implementation of Reports
406
Implementation
420
Subsidy
455

Panels
197
Complaints
229
Special Rules and Procedures
243
4 Developing Countries
251
10 Overlap with Countervailing Duties
267
Concessions
465
4 Multiple Complainants
510
Conclusion
518
Copyright

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About the author (2022)

David Palmeter is now retired. He was previously Senior Counsel in the law firm of Sidley Austin LLP, and a long-time advisor of governments and interested private parties in WTO dispute settlement proceedings. He was one of the first private lawyers to appear before the WTO Appellate Body. From 1994 to 1998, he was liaison for the International Bar Association to GATT, the WTO and UNCTAD.

Petros C. Mavroidis is the Edwin B. Parker Professor of Law at Columbia Law School, New York. He has previously worked with the GATT/WTO Legal Service from 1992 to 1996. He was, along with Henrik Horn, the chief co-reporter of the American Law Institute for the project on Principles of WTO Law.

Niall Meagher is the Executive Director of the Advisory Centre on WTO Law (ACWL) in Geneva, where he was Senior Counsel from 2004 to 2012. He was previously a partner in the international trade departments of major law firms in Washington, DC, where he advised governments and private parties on international trade law. He has participated in over 50 WTO dispute settlement proceedings and is a frequent lecturer and author on WTO law.

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