The WTO in the Twenty-first Century de Yasuhei Taniguchi

The WTO in the Twenty-first Century: Dispute Settlement, Negotiations, and Regionalism in Asia

Yasuhei Taniguchi

Alan Yanovich

Jan Bohanes

Three significant issues will determine the future of the WTO: dispute settlement, negotiations and regional integration. Dispute settlement is widely regarded as one of the major successes of the WTO in its first ten years. Concluding the Doha round negotiations is one of its main challenges. Regional integration is now at the frontline of debate as regional agreements proliferate and policy-makers and academics come to grips with their impacts on the multilateral trading system. These issues, and the interplay between them, are examined by leading scholars and practitioners in the field of international trade law from North America, Europe and Asia-Pacific. In addition, special sections focus on the Asia-Pacific region, its participation in WTO dispute settlement and negotiations, and recent trends towards greater regional integration.

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Cuprins

Introduction; Part I. The WTO at Ten: 1. The WTO's tenth anniversary Yasuhei Taniguchi; 2. The WTO at ten: its multilateral and regional involvements Supachai Panitchpakdi; Part II. Accomplishments and Future Prospects of the WTO Dispute Settlement System: 3. The WTO dispute settlement system after ten years: the first decade's promises and challenges John H. Jackson; 4. WTO dispute settlement practice 1995-2005: Lessons from the past Ernst-Ulrich Petersmann; 5. Evaluating WTO dispute settlement: what results have been achieved through consultations and implementation of panel reports? William J. Davey; 6. The responsibilities of a WTO Member found to have violated WTO law Frieder Roessler; 7. 'Public-private partnerships' in WTO dispute settlement: the US and EU experience Gregory Shaffer; 8. Accomplishments of the WTO dispute settlement system Valerie Hughes; 9. Arbitration as an alternative to litigation in the WTO: observations in the light of the 2005 banana-tariff arbitrations Jan Bohanes and Hunter Nottage; 10. The evolving WTO dispute settlement system Alan Yanovich; Part III. Asian Perspectives on WTO Dispute Settlement: 11. East Asia in the WTO dispute settlement mechanism Chulsu Kim; 12. Japan's perspectives on the present Dispute Settlement Understanding negotiations Manabu Miyagawa; 13. A review of some appellate decisions: law, policy, and economics in dispute settlement Mitsuo Matsushita; 14. Is the WTO dispute settlement mechanism important to business? Soichiro Sakuma; 15. Japan's approach to the 'use' of the WTO: how can we achieve an effective link between business and the WTO? Shigehiro Tanaka; Part IV. The Doha Development Agenda and Beyond: 16. The central place of market access for the WTO's development round Andrew L. Stoler; 17. Agricultural issues in the Doha Development Agenda negotiations Masayoshi Honma; 18. Beyond Doha: reflections on the future of trade remedies James P. Durling; 19. Reflections on the relationship between WTO negotiations and dispute settlement: lessons from the GATS Henry S. Gao; 20. Trade in services and sustainable development in the context of the WTO: the case of higher education Chotiras Chavanich; 21. The WTO and sustainable development Mark Halle; Part V. Asian Regional Integration and the Multilateral Trading System: 22. The adoption of the 'Best Practices' for regional and free trade agreements in APEC: a road towards more WTO-consistent regional trade agreements Gabrielle Marceau; 23. Trade remedy systems for East-Asian free trade agreements Dukgeun Ahn; 24. Free trade agreements in Asia and some common legal problems Chin Leng Lim; 25. Dispute settlement under free trade agreements: its interaction and relations with WTO dispute settlement procedures Chang-fa Lo; 26. Regionalism under the WTO and the prospect of an East-Asian free trade area Zhang Yuqing.