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Vol 21 No 10 Oct/Nov 2016

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The GATT/WTO Dispute Settlement System

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ISBN13: 9789041109330
ISBN: 9041109331
Published: April 1997
Publisher: Brill Academic Publishers
Format: Hardback
Price: £147.00



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This text serves as an introduction to the GATT and WTO dispute settlement systems, which have become the most frequently used international mechanisms for the settlement of disputes among governments. The 1994 Agreement Establishing the World Trade Organization (WTO) introduced an historically unprecedented new dispute settlement procedure with compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels and the WTO Appellate Body for disputes governing trade in goods and services, trade-related investment measures and intellectual property rights. In the first 18 months since the WTO Agreement came into force on 1 January 1995, there have been more than 50 invocations of the new dispute settlement procedures by a large number of coiuntries, including many from the developing world. This large number, 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 system for the legal settlement of disputes among governments.;This book provides students, lawyers and diplomats a thought-provoking and practice-oritented analysis of the GATT/WTO dispute settlement rules, procedures and problems. It also include a collection of relevant texts and tables of past GATT and WTO case law.

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Contents:
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.