The Dispute Settlement System of the WTO: Structure and Function in the Perspective of the First 10 Years

2006 ◽  
Vol 5 (1) ◽  
pp. 49-75 ◽  
Author(s):  
Giorgio Sacerdoti
Keyword(s):  
Dispute Settlement ◽  
Structure And Function ◽  
International Justice ◽  
General Interest ◽  
Turn Of The Millennium ◽  
Settlement System ◽  
The World ◽  
Key Features ◽  
Dispute Settlement System ◽  
And Function

AbstractThe dispute settlement system of the World Trade Organization (the "WTO") presents a number of innovative features within the various models of international justice existing at the turn of the millennium. Ten years after its establishment, it is worthwhile to examine its key features in the light of a comparative analysis, exploring its strengths and weaknesses, and highlighting aspects of general interest and possible developments.

scholarly journals The Application of “The Judicial Trilemma” to the WTO Dispute Settlement System

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 359-363 ◽  
Author(s):  
Isabelle Van Damme
Keyword(s):  
International Law ◽  
World Trade ◽  
Public Discourse ◽  
Dispute Settlement ◽  
Settlement System ◽  
International Courts ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System ◽  
And Function

Dunoff and Pollack's timely article on The Judicial Trilemma offers a constructive paradigm through which to examine and assess the design and the behavior of international courts and tribunals and, in particular, their members at a time when, despite the increasing judicialization of international law and relations, the legitimacy and function of such courts and tribunals are being questioned in political and public discourse. The focus of this response is on the application of the paradigm to the World Trade Organization (WTO) dispute settlement system, which is one of the international courts and tribunals examined by the authors.

scholarly journals The UNCLOS Dispute Settlement System: What Role Can It Play in Resolving Maritime Disputes in Asia?

2017 ◽  
Vol 8 (1) ◽  
pp. 91-115 ◽  
Author(s):  
Lan Ngoc NGUYEN
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Settlement System ◽  
High Profile ◽  
The World ◽  
Maritime Disputes ◽  
United Nations Convention ◽  
Dispute Settlement System ◽  
The Unclos

AbstractAsia is currently the scene of some of the most high-profile maritime disputes in the world. Even though the majority of states in Asia are parties to the United Nations Convention on the Law of the Sea [UNCLOS], its dispute settlement system has only been utilized in a handful of cases. Given that negotiations have brought about limited results in easing many of the tensions, it is worth asking whether the UNCLOS dispute settlement system can play a role in the resolution of maritime disputes in Asia. This paper, based on a review of the disputes before UNCLOS Tribunals, as well the advantages and limitations of the system, argues that the UNCLOS dispute settlement system can make meaningful contributions to resolving thorny disputes between Asian states. It does so by providing a solution to the disputes brought before them, clarifying the legal framework for the conduct of the parties and facilitating co-operation amongst countries in the region.

Mapping the Scope of Dispute Settlement in Regional Trade Agreements: Implications for the Multilateral Governance of Trade

2016 ◽  
Vol 15 (4) ◽  
pp. 563-585 ◽  
Author(s):  
MARC D. FROESE
Keyword(s):  
Dispute Settlement ◽  
Rapid Development ◽  
Trade Agreements ◽  
Regional Trade Agreements ◽  
Settlement System ◽  
Regional Trade ◽  
Accurate Picture ◽  
The World ◽  
Dispute Settlement System ◽  
Settlement Of Disputes

AbstractThis article argues that the inclusion of provisions for the settlement of disputes in regional trade agreements enhances, rather than disrupts, the centrality of the World Trade Organization's dispute settlement system. Using a dataset that organizes exclusion clauses and special provisions for dispute settlement in regional trade agreements, the study develops a thematic typology that is used to examine the ways that disputes may be channelled between regional and multilateral dispute settlement institutions. This comparative empirical dimension offers a more accurate picture of the global contours of regionalization as they relate to the juridical aspects of trade governance, suggesting that the decentralization of dispute settlement inferred by the rapid development of regional bodies has been overstated.

Substance and Style—How the WTO Adjudicators Legitimize their Decisions

2018 ◽  
Author(s):  
Christiane Gerstetter
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial Decision ◽  
Settlement System ◽  
Member States ◽  
Judicial Decisions ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

This chapter analyses how the World Trade Organization (WTO) dispute settlement bodies legitimize their decisions and by implication also the WTO Dispute Settlement System as well as the WTO as an institution more broadly. The author argues there are two relevant dimensions for understanding how judges legitimize judicial decisions: the substantive outcomes of cases, that is who wins and loses and what interpretations are adopted, and the way a judicial decision is justified. She concludes that the WTO dispute settlement bodies act strategically in order to win the acceptance of the member states, and ultimately legitimize this dispute settlement system as a judicial entity.

Legitimating Behind the Smoke Screen in the Battle Over Clove Cigarettes

2019 ◽  
pp. 127-160
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
Settlement System ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

Recent years have confronted the World Trade Organization (WTO) Dispute Settlement System (DSS) with an intense wave of complex linkage disputes. US-Clove Cigarettes, which stands at the centre of this chapter, serves as the second case study in the investigation into the DSS’s goal-attainment endeavours in this category of WTO disputes. The chapter begins with a review of several jurisprudential milestones leading from the early US-Shrimp, examined in Chapter 5, to the more recent US-Clove Cigarettes, examined here, with a view to portraying the legitimation continuum of which the latter dispute forms a part. The chapter then discusses the intricate legitimacy setting in which US-Clove Cigarettes unfolded and, through a close goal-oriented analysis, shows how the intensified legitimacy concerns aroused shaped the goals pursued by the DSS and the judicial choices made towards their achievement. The chapter concludes by linking the goal-attainment efforts identified to the broader DSS goal-based effectiveness framework advanced in the book.

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