In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ¿ordinary meaning¿ of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence.
In twenty-six incisive contributions, this book covers both the ¿legislative¿ and ¿(quasi) judicial¿ activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex.
The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.
Foreword: The WTO Dispute Settlement System 1995-2003. List of Abbreviations.
Part I: The Doha Development Round Negotiations on Improvements and Clarifications of the WTO Dispute Settlement Procedures. The Doha Development Round Negotiations on Improvements and Clarifications of the DSU 2001-2003 ¿ An Overview; E.U. Petersmann. Improving the Working Procedures of WTO Dispute Settlement Panels; W. J. Davey. Moving from Ad Hoc to Permanent WTO Panelists; T. Cottier. Institutional and Procedural Reforms of the WTO Appellate Body; D. Steger. Reforms of Article 21 of the DSU (Surveillance of Implementation); J. Pauwelyn. Reforms of Article 22 of the DSU (Compensation and Suspension of Concessions);P. Mavroidis. Arbitration within WTO (Articles 21, 22, 25 DSU); V. Hughes. Special and Differential Treatment of Less-Developed Countries; F. Roessler. Additional Negotiation Proposals on Improvements and Clarifications of the DSU; E.U. Petersmann. Policy Recommendations (2002); J.A. Lacarte, C.D. Ehlermann. Reflections on the Process of Clarification and Improvements of the DSU; C.D. Ehlermann. The ¿Early Harvest Negotiations¿ in 2003; E. Kessie. Part II: WTO Jurisprudence and Dispute Settlement Practice. Development of WTO Dispute Settlement Procedures through Case-Law; P. Mavrodis. Inherent Powers of National and International Courts; F. Weiss. WTO Dispute Settlement Practice Relating to GATT 1994; W. J. Davey. WTO Jurisprudence on De Jure and De Facto Discrimination; F. Ortino. WTO Dispute Settlement Practice Relating to Article XXIV of the GATT 1994; L. Bartels. GATT, TBT and SPS: A Map of the WTO Law of Domestic Regulation; G. Marceau, J. Trachtman. WTO Dispute Settlement Practice Relating to Trade-Related Environmental Measures; E. Opuku Awuku. WTO Dispute Settlement Practice Relating to Subsidies and Countervailing Measures; P.A. Clarke, J. Bourgeois, G.N. Horlick. WTO Dispute Settlement Practice Relating to the General Agreement on Trade in Services; W. Zdouc. WTO Dispute Settlement Practice Relating to the Agreement on Trade-Related Intellectual Property Rights; F. Abbott. Appellate Body Jurisprudence on the GATS and the TRIPS Agreement; M. Matsushita. Participation of Developing Countries in the WTO Dispute Settlement System; A.H. Qureshi. Some Personal Experiences as Member of the Appellate Body of the WTO; C.D. Ehlermann. Statistical Analysis of the WTO Dispute Settlement System (1995-2000); N. Park. Annex I: Chronological Lists of WTO Dispute Settlement Invocations and Reports. Annex II: Report by the Chairman of the Special Sessions of the DSB to the TNC of 6 June 2003.