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Vol 25 No 2 Feb/March 2020

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Practical Aspects of WTO Litigation

Edited by: Marco Tulio Molina Tejeda

ISBN13: 9789041185969
Published: July 2020
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £197.00

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Practical Aspects of WTO Litigation is a complete, real-life account of World Trade Organization’s (WTO’s) dispute settlement procedures. This book explains and identifies the practices that are normally followed by disputing parties when using the WTO’s dispute settlement understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book is the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has hands-on experience in WTO litigation. Contributors identify the best practices and suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view.

Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on:

  • preparing for WTO litigation;
  • recognizing the importance of WTO consultations;
  • presenting a case before a panel;
  • panel requests and panel’s terms of reference;
  • the role and assistance of the WTO Secretariat;
  • the panel process;
  • rules of evidence;
  • confidentiality and transparency;
  • additional working procedures for the treatment of confidential information;
  • legal remedies to redeem a violation;
  • general considerations for appeal;
  • determining the reasonable period of time for compliance;
  • sequencing;
  • retaliation proceedings; and
  • use of non-WTO international law.

Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law.

International Trade
1. Preparing for a WTO Dispute Settlement Resolution Proceeding: The Decision-Making Process
2. More than Just ‘Checking the Box’: Recognizing the Importance of WTO Consultations
3. Good Offices, Conciliation and Mediation in WTO Dispute Settlement
4. Panel Requests and Panels’ Terms of Reference
5. The Role and Assistance of the WTO Secretariat in WTO Dispute Settlement Proceedings
6. ‘See You in Court’: The Panel Process
7. Appellate Proceedings
8. General Considerations for Appeal
9. Determining the Reasonable Period of Time for Compliance
10. Sequencing
11. Legal Remedies and Effective Compliance
12. Adjudicating Implementation of Recommendations and Rulings of the DSB under Article 21.5 of the DSU
13. The Last Resort: WTO Retaliation Proceedings
14. “Post-Retaliation” Compliance Review: Removing the Authorization and the Retaliation
15. Preliminary Challenges and Rulings
16. Evidence in WTO Dispute Settlement: From the Burden of Proof to Invisible Experts
17. Presenting a Case Before a Panel or the Appellate Body
18. Confidentiality and Transparency in the WTO’s Party-Centric Dispute Settlement System
19. Use of Non-WTO International Law in WTO Dispute Settlement;

Series: Global Trade Law Series

Price on Application
International Economic Law and the Challenges of the Free Zones ISBN 9789403508931
Published May 2019
Kluwer Law International
Economic Relations Between the Australia and European Union: Law and Policy ISBN 9789041134059
Published December 2013
Kluwer Law International
Brazil in the World Trade Organization: Contingent Protection Measures ISBN 9789041133359
Published December 2012
Kluwer Law International
Deference to the Legislature in WTO Challenges to Legislation ISBN 9789041131454
Published December 2009
Kluwer Law International
The Law of Globalization ISBN 9789041128287
Published November 2009
Kluwer Law International
China and the World Trade Organization: A Long March towards the Rule of Law ISBN 9789041131447
Published October 2009
Kluwer Law International
Retaliation in the WTO Dispute Settlement System ISBN 9789041128119
Published March 2009
Kluwer Law International
EU Dumping Determinations and WTO Law ISBN 9789041128270
Published February 2009
Kluwer Law International
Legalization of Development in the WTO: Between Law and Politics ISBN 9789041127952
Published November 2008
Kluwer Law International
Anti-dumping Law and Practice of China ISBN 9789041127907
Published November 2008
Kluwer Law International
Economic Development Through World Trade: Developing World Perspective ISBN 9789041126818
Published January 2008
Kluwer Law International