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Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
Containing contributions from both academic experts and practitioners, and from economic and legal experts, this book explores the use of economics in international economic law.
On January 1, 1989 the Canadian government began to implement the free trade deal that it had completed with the Government of the United States on October 4, 1987. Before signing the Canada-U.S. Free Trade Agreement (FTA) the Canadian government had sought exemption from the use by the United States of its ‘unfair’ trade law system of anti-dumping (AD) and countervailing duties (CVDs). While the U.S. ‘unfair’ trade law system is presumed to be based on principles agreed to in the General Agreement on Tariffs and Trade (GATT), economists, and other scholars, have contended that the system is not being applied properly; by reducing the harm caused by the margin of the foreigners' subsidy or dumping practices. Instead, it is being used to provide shelter to U.S. based corporations and industries seeking import relief, where shelter represents a type of administered trade protection, since the actions are undertaken and paid for by the U.S. government. This abuse came to represent a serious problem for Canadian producers in the1980s, who are extremely reliant on exports to the United States. To an increasing degree they believed they had become the target of U.S. trade law actions by their U.S. competitors. The United States was, however, not prepared to eliminate its ‘unfair’ trade law system for Canada, but instead, agreed to the setting up of two dispute settlement mechanisms (DSMs) where Canadian and American citizens could sit on binational panels to hear the final review of complaints lodged against the administrative agencies actions in either country on AD and CVD cases under Chapter Nineteen of the FTA or on general trade disputes under Chapter Eighteen of the FTA. This book critically examines the development and implementation of these two DSMs over the January 1, 1989 to August 15, 1994 period. It also provides a broader analysis of the issues surrounding the problems of the application of the ‘unfair’ trade laws, by examining the Canada-U.S. FTA's DSM systems against the present use by Canada and the United States of the procedures available under the 1979 GATT Subsidies Code. It also examines the changes that have been made in the 1994 GATT Subsidies Code and the North American Free Trade Agreement (NAFTA) which has incorporated, with revisions, Chapter Eighteen and Nineteen as Chapter Twenty and Nineteen of the NAFTA, respectively, and extended access to these mechanisms to Mexico. This book primarily focuses on the application of CVDs and the adverse international affects of governments subsidies practices, though many of the issues raised are also applicable to the application of AD duties and the private subsidization activities of firms. The book finds that, first; the Chapter Nineteen DSM may provide some short-term benefits to Canadian producers, but for ensuring the long-run 313stability of Canadian producers access to their U.S. markets, including the eradication of harassment by U.S. based producers using the ‘unfair’ trade laws, Canada still needs to push for major changes to the CVD and AD processes in the NAFTA mandated Working Groups. Second, if Chapter Eighteen, or now Twenty of the NAFTA, is going to best serve the interests of Canadian, American and Mexican citizens, then it is going to have to be seriously revised to take into account some type of consumer welfare criterion. As NAFTA is presently written it has a strong bias, carried over from the Canada-U.S. FTA, toward producer interests which may detract from the long run interests of consumers in the NAFTA area. The ability of groups who seek redress for the closing of markets in the NAFTA area by the three Parties to the Agreement is very weak at the present time.
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
'This well-written and highly readable book makes a major contribution to advancing our understanding of the contribution that economics can make to analysing the impact of international trade policies for environmental risks … Regardless of the likelihood that the current WTO dispute settlement procedures can be changed in the way suggested by the authors of this book, it is essential reading for those interested in the contribution that economics can make to advancing our understanding of the implications of international trade law for environmental issues.'Journal of Agricultural EconomicsWe live in a world that is increasingly dependent on international trade in a context of substantial regional/national political tensions. Adding to this is an emerging understanding and concern about the social impact of biosecurity and ecosystem services risks associated with such trade. As the key international trade 'arbiter', the World Trade Organization (WTO) has never before faced such complexity within its decision-making remit.With increasing numbers of bilateral and regional agreements, as well as new developments emerging such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) initiated by multi-national corporations in 2018, the WTO needs to implement ways of reinforcing its legitimacy and enhancing its relevance.This book provides an original analysis of these linked developments and delivers a timely contribution to resolving environment-related international trade disputes. It provides a clear roadmap for improving WTO trade dispute resolution procedures so both biosecurity and ecosystem services risks are considered in evaluating the social, economic and environmental impacts of international trade proposals. In so doing, the WTO should deliver enhanced multilateral social welfare.