In the course of the first decade of the existence of the World Trade
Organisation (WTO), the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) has shown itself to be the foundation upon
which the stable bas of the organisation rests. In essence, the DSU created a
system of binding dispute settlement based on legal rules and procedures
closely resembling a domestic, judicially based court system. The DSU
established the procedures and rules to solve the dispute between the WTO
Members and its formation has unquestionably added to the stability and
positively influenced the performance of the international trading system. In
short, the DSU is the procedural law within the WTO legal system.
Although a strict system of precedent is not contemplated in the DSU itself, a
system of de facto precedent has emerged and every panel or appellate
body carefully considers past cases in its decisions. Accordingly, a rich body
of case law has developed from the jurisprudence of the Dispute Settlement
Board (DSB). This major new publication is the first comprehensive exploration
of this jurisprudence.
Through an article-by-article interpretation of the DSU, this book analyses
how the panels and Appellate Body have read, interpreted and construed the
provisions of the DSU. Its expert authors provide detailed juridical essays on
each of the 27 articles of the DSU, with precise commentary on how panel and
Appellate Body reports and arbitral awards (over 100 to date) affect the
interpretation and application of the various DSU provisions. The coverage
also includes the special or additional rules and procedures referred to in
some of the agreements covered by the DSU, especially the manner in which the
DSB has applied such rules to anti-dumping, subsidies and countervailing
measures, and textiles. In addition, the volume reprints all of the
DSU-related documents for easy reference.
WTO Dispute Settlement Understanding: A Detailed Interpretation
provides complete and through evaluation of the practical working meaning of
the DSU. It will be of invaluable assistance to government officials, legal
practitioners, scholars, media participants, non-governmental organisations,
and other in their practical and important endeavors. The detailed analysis of
this very important legal material will be welcomed by all concerned with
matters of world trade and globalisation.
Foreword; J.H. Jackson. Preface. Extensive article-by-article annotation of the Dispute Settlement Understanding. Special or Additional Rules and Procedures Contained in the Covered Agreements. Appendix I: DSU and Related Rules and Procedures. 1. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). 2. Rules and Procedures Referred to in the DSU. 3. Other Rules and Procedures. Appendix II: A General Introduction to the Negotiations on DSU in the New Round. Table of Cases Referred to in the Book. Select Bibliography.