The Gatt/Wto Dispute Settlement System

International Law, International Organizations and Dispute Settlement
1. Auflage 1997
ISBN: 978-90-411-0933-0
Verlag: Wolters Kluwer

Buch, Englisch, Band 23, 368 Seiten, PB, Format (B × H): 155 mm x 235 mm, Gewicht: 662 g

Reihe: Nijhoff Law Specials

The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments.

The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body.

The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments.

This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

Zielgruppe

Research

Autoren/Hrsg.

Petersmann, Ernst-Ulrich

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Internationale Organisationen und Institutionen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

Preface. I. Introduction: International Law, International Organizations and Dispute Settlement - The WTO Agreement as a Model for Protecting Freedom, Non-Discrimination and Rule of Law Across Frontiers? II. The GATT Dispute Settlement System 1948-1995: An Overview. III. Clarification and Development of GATT/WTO Law Through Violation Complaints: The Example of Trade-Related Environmental Measures. IV. Non-Violation Complaints and Situation Complaints in GATT/WTO Law: What is Their Legitimate Function? V. The New Dispute Settlement System of the 1994 WTO Agreement: An Overview. VI. The Future of the GATT/WTO Dispute Settlement System: First Experiences and Remaining Problems. Tables. Annexes: A. Table of Panel Reports Issued Under Article XXIII of the GATT 1947. B. Table of Panel Reports Issued Under the Tokyo Round Agreements of 1979. C. Table of Disputes Initiated Under the Dispute Settlement Understanding of the 1994 Agreement Establishing the World Trade Organization in 1995. D. Text of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). E. The WTO Appellate Body Working Procedures for Appellate Review. Index.