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International Trade Law and the GATT/WTO Dispute Settlement System

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ISBN13: 9789041106841
ISBN: 9041106847
Published: June 1999
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £277.00



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This text is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Until recently there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice.;Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices, the scope for ""non-violation complaints"", the standards of review, intervention by third parties, and the appellate review procedures and case-law.;Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures, in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, trade-related environmental measures, the General Agreement on Trade in Services, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the Agreement on Government Procurement.;Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA and examines their interrelationships with the GATT/WTO dispute rules and procedures. The Annexes include tables of past GATT/TWO dispute settlement proceedings, as well as the texts of the WTO's Dispute Settlement Understanding and of the Working Procedures adopted by the Appellate Body of the WTO.

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Subjects:
International Trade
Contents:
Part I The GATT/WTO dispute settlement law and procedures: international trade law and the GATT/WTO dispute settlement system 1948-1996 - an introduction, E-U. Petersmann; the concept of nullification and impairment in the legal system of the World Trade Organization, Frieder-Roessler; non-violation complaints in WTO/GATT dispute settlement - past, present and future, T. Cottier, K.N. Schefer; WTO dispute panel deference to national government decisions; the misplaced analogy to the US. Chevron standard-of-review doctrine, S.P. Croley, J.H. Jackson; some aspects of third party intervention in GATT/WTO dispute settlement proceedings, M.E. Footer; appeal and judicial review in international arbitration and adjudication - the case of the WTO appellate review, G. Sacerdoti.
Part 2 International trade law and GATT/WTO dispute settlement practice; GATT/WTO dispute settlement practice in the field of antidumping law, J.H.J. Bourgeois; standards for panels reviewing antidumping determinations under the GATT and the WTO, G.N. Horlick, P.A. Clarke; trade, environment and the WTO - the dispute settlement practice relating to Article XX of GATT, A. Mattoo, P.C. Mavroidis; developing countries and the GATT/WTO dispute settlement - a profile of enforcement in agriculture and textiles, B. Chaytor; restrictive business practices and the WTO/GATT dispute settlement process, M. Matsushita; WTO dispute settlement in services - procedural and substantive aspects, P.K. Morrison; the settlement of commercial aviation disputes under the General Agreement on Trade in Services and the ICAO Council - a comparative analysis, R.I.R. Abeyratne; WTO dispute settlement and the Agreement on trade-related aspects of intellectual property rights, F.M. Abbott; dispute settlement under the ""plurilateral trade agreements"" - the case of the Agreement on government procurement, F. Weiss.
Part 3 Settlement of international trade disputes in regional free trade agreements and domestic courts; dispute settlement in the EC - lessons for the GATT/WTO dispute settlement system?, T. Oppermann, J.C. Cascante; the dispute settlement rules of the North- American Free-Trade Agreement - a thematic comparison with the dispute settlement rules of the WTO, G. Marceau; settlement of disputes in the South American Common Market (MERCOSUR), R.A. Etcheverry; from dispute settlement to jurisdiction? - perspectives for the MERCOSUR, P.B. Casalla; the role of national courts in international trade relations, M. Hilf.