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Vol 24 No 6 June/July 2019

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The WTO Dispute Settlement Mechanism: A Developing Country Perspective

Edited by: Alberto do Amaral Junior, Luciana Maria de Oliveira Sa Pires, Cristiane Lucena Carneiro

ISBN13: 9783030032623
Published: April 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

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This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of Sao Paulo and at the top-ranked research and policy centers on WTO law in Europe.Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a "developing country" perspective.Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO.

The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

International Trade
Introduction (Alberto do Amaral Junior, Luciana Maria de Oliveira Sa Pires, and Cristiane Lucena Carneiro, )
Part I -Assessment: Rubens Ricupero, WTO in crisis: deja vu all over again or terminal agony?
Celso de Tarso Pereira, Speaking up in the WTO: Brazil's Voice in the Dispute Settlement Body
Jacqueline Spolador Lopes, Dispute Settlement System of the WTO: a Powerful Weapon for Developing Countries
Renata Vargas Amaral and Welber Barral, Developing Countries: Whether Legal (and Costly) Settlement of Disputes is Better than Political Settlement
Part II - Substantive Matters: Alberto do Amaral Junior and Cynthia Kramer, WTO as a Self-Limited Regime: the Case of Article XX of GATT
Umberto Celli Junior, The Impact of WTO Case Law on the Use of Local Content Requirements
Vera Helena Thorstensen and Andreia Costa Vieira, WTO Case Law on TBT and SPS: It is Time to Review Some Concepts
Michelle Ratton Sanchez Badin and Marina Yoshimi Takitani, Are ISO/IEC rules the odds out of the WTO Technical Barriers to Trade Agreement?
Cristiane Lucena Carneiro, Alternative Dispute Resolution and the WTO
Paulo Estivallet de Mesquita, Litigation and negotiation in the WTO: Is litigation the continuation of negotiation by other means?
Daniel Damasio Borges, Countermeasures in the WTO and the Principle of Proportionality: A Developing Country's Perspcective
Vera Kanas Grytz and Carolina Jezler Muller, Sequencing: ad hoc Solutions to a Systemic Problem
Carla Amaral de Andrade Junqueira Canero, The Interpretive Technique of the WTO Appellate Body
Fernanda Manzano Sayeg, The Dispute Settlement Body and the GATS
Part III -WTO Cases and Conflicts: Peter-Tobias Stoll, The WTO Dispute Settlement System and Regional Trade Tribunals: the Potential for Conflict and Solutions
Luciana Maria de Oliveira Sa Pires and Vivian Daniele Rocha Gabriel, The Eminent Conflict between the WTO DSB and the Proposed International Investment Court to dealing with Investment Agreements
Luciano Mazza de Andrade and Luiz Fellipe Flores Schmidt, The Cotton Case: Litigation, Retaliation, Negotiation
Christiane Silva Aquino Bonomo, Reshaping International Trade with the WTO Dispute Settlement: The Sugar Case (DS 265/266/283)
Xavier Fernandez-Pons and Carolina Lembo, The Case EC - Seal Products: the WTO Dispute Settlement System before a "Trilemma" between Free Trade, Animal Welfare and Rights of Indigenous Peoples
Flavio Marega, The Retreaded Tyres Case in the WTO: an Important Multilateral Achievement by Brazil
Leticia Frazao Alexandre de Moraes Leme, Flexibilities under Article 39.3 of the TRIPS Agreement: Protection of Pharmaceutical Test Data and the Case of Brazil
Marcus Vinicius da Costa Ramalho, Flying over Uncharted Territory: the Brazil-Canada Regional Aircraft Disputes in the WTO
Daniel Roberto Pinto, Not just about Embraer: a Brazilian view of the Brazil-Canada Aircraft Disputes at the WTO