Key Issues in WTO Dispute Settlement de Rufus Yerxa

Key Issues in WTO Dispute Settlement: The First Ten Years

Rufus Yerxa

Bruce Wilson

This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.

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Cuprins

Part I. Introduction and General Considerations: 1. The power of the WTO dispute settlement system Rufus Yerxa; 2. The WTO dispute settlement and general international law Georges Abi-Saab; Part II. The WTO Dispute Settlement System: Its Processes and its Institutions: 3. The WTO dispute settlement system and its operation: a brief overview of the first 10 years Bruce Wilson; 4. The role of the Dispute Settlement Body in the dispute settlement process Bozena Mueller Holyst; 5. Consultations and the panel process in the WTO dispute settlement system Gabrielle Marceau; 6. Contingent trade remedies and WTO dispute settlement: Some particularities Jesse Kreier; 7. The making of the 'World Trade Court': the origins and developments of the Appellate Body of the World Trade Organization Peter Van den Bossche; 8. Special challenges at the appellate stage: a case study Valerie Hughes; 9. The reasonable period of time for compliance with the rulings and recommendations adopted by the WTO Dispute Settlement Body Werner Zdouc; 10. Implementation of panel and Appellate Body rulings: an overview Brendan McGivern; 11. A brief introduction to countermeasures in the WTO dispute settlement system Yves Renouf; Part III. The WTO Dispute Settlement System: Systemic and Other Issues: 12. The role of lawyers in the WTO dispute settlement system Giorgio Sacerdoti; 13. Jurisdiction in WTO dispute settlement Joel Trachtman; 14. Due process in WTO disputes Andrew Mitchell; 15. Standards of review in WTO panel proceedings Matthias Oesch; 16. Administration of evidence in WTO dispute settlement proceedings Scott Andersen; 17. Confidentiality issues under the DSU: fact-finding process versus confidentiality Olivier Prost; 18. Panels' consultations with scientific experts Mireille Cossy; 19. Amicus curiae participation in WTO dispute settlement James Durling and David Hardin; 20. Suspension of concessions and retaliation under the Safeguards Agreement Raimund Raith; 21. Compliance with WTO dispute settlement decisions: is there a crisis? John Magnus; 22. DSU review: A view from the inside Celso de Tarso and David Evans; Part IV. Annexes: Annexes I-V: Selected statistics: The first ten years of the WTO; Annex VI. Biographical note on contributing authors; Annex VII. Table of cases.