Bringing together articles by some of the leading policy-makers, including previous WTO Director-Generals, practitioners, scholars of international trade law, government officials, international civil servants, members of the WTO Appellate Body, and judges from a number of international tribunals, this volume assesses the first ten years of the World Trade Organization. It examines: the relationship and balance between political governance and dispute settlement; the functioning of the dispute settlement procedures and various reform proposals; the contribution of the Appellate Body to the development of international trade law; and treaty interpretation in a number of international dispute settlement fora such as the WTO, the International Court of Justice, the European Court of Justice, and the Tribunal for the Law of the Sea. The book has its origins in a series of events commemorating the tenth anniversary of the creation of the Appellate Body.
• Contains contributions from some of the leading national and international policy-makers, practitioners, and scholars, providing the reader with a broad overview over the state-of-play in WTO dispute settlement • Includes a chapter discussing the approach to international treaty interpretation in various international tribunals • A unique feature is the discussion of the Appellate Body's case-law in comparison to the case-law of international tribunals by an Appellate Body Member and judges from these international tribunals
Notes on contributors; Foreword Pascal Lamy; Acknowledgements; Table of dispute settlement cases; List of abbreviations; Introduction; Part I. The WTO at Ten: 1. The WTO at ten: building on ten years of achievements Supachai Panitchpakdi; 2. The WTO: ten years after its establishment Renato Ruggiero; 3. From Doha to Hong Kong and beyond: a parliamentarian's perspective Enrique Barón Crespo; 4. The dispute settlement system of the WTO in action: a perspective on the first ten years Giorgio Sacerdoti; Part II. Trade Negotiations and Dispute Settlement: What Balance Between Political Governance and Judicialization?: 5. The Appellate Body, the WTO dispute settlement system and the politics of multilateralism Robert Howse and Susan Esserman; 6. WTO dispute settlement: a brief reality check Alejandro Jara; 7. From 'member-driven governance' to constitutionally limited 'multilevel trade governance' in the WTO Ernst-Ulrich Petersmann; 8. Homage to a Bull Moose III: striking the correct balance between political governance and judicialization in the WTO Elissa Alben and Timothy Reif; 9. Drawing a line of equilibrium in a complex world Hélène Ruiz Fabri; 10. WTO law in context: the integration of international human rights and environmental law in the dispute settlement process Francesco Francioni; 11. The limits of the WTO: facing non-trade issues Friedl Weiss; Part III. From Initiating Proceedings to Ensuring Implementation: What Needs Improvement?: 12. The WTO dispute settlement system - from initiating proceedings to ensuring implementation: what needs improvement? Valerie Hughes; 13. The umpire needs better rules of the game Jacques Bourgeois; 14. DSU reform: if it is not broken - improve it? Daniel Brinza; 15. DSU reform: resolving underlying balance-of-power issues Thomas Cottier; 16. From initiating proceedings to ensuring implementation: the links with the community legal order Pieter Jan Kuijper; Part IV. Ten Years and Sixty-Three Cases Later: The Contribution of the Appellate Body to the Development of International Trade Law: 17. Assessing the 'success' of the Appellate Body over the first ten years John Lockhart; 18. From afterthought to centrepiece: the WTO Appellate Body and its rise to prominence in the world trading system Peter Van den Bossche; 19. Balance and coherence by the WTO Appellate Body: who could do better? Gabrielle Marceau; 20. Looking for Mr and Mrs Right: ten years of the Appellate Body at the WTO Petros Mavroidis; 21. Treaty interpretation and the development of international trade law by the WTO Appellate Body Donald McRae; 22. The emergence of non-state actors in international commercial disputes through WTO Appellate Body case-law Brigitte Stern; 23. The Appellate Body's working procedures for appellate review Victoria Donaldson and Alan Yanovich; 24. Reflections on the concept of 'judicial economy' in WTO dispute settlement Jan Bohanes and Andreas Sennekamp; Part V. Treaty Interpretation in International Law: Comparing the Appellate Body with the Courts in the Hague, Hamburg and Luxembourg: 25. The Appellate Body and treaty interpretation Georges Abi-Saab; 26. Methods and practice of treaty interpretation by the International Court of Justice Gilbert Guillaume; 27. The jurisprudence of the Court of Justice and the Court of First Instance of the European Communities Paolo Mengozzi; 28. The European Court of Justice: sources of law and methods of interpretation Allan Rosas; 29. The International Tribunal for the Law of the Sea: applicable law and interpretation Tullio Treves; Annex: statistics on appellate review; Index.
'… an important and valuable contribution to the debate on the current state and future of the dispute settlement system as well as the WTO as an institution. … provides the reader, the non-trade expert in particular, but also the international trade observer, with a comprehensive and excellent tool. It presents an opportunity for a deeper and more profound understanding of the WTO dispute settlement system, the relationship between the different actors and institutions, as well as the interlinkages between this system and the broader international community. … an important addition to the debate on the … future role of the dispute settlement system and the WTO as a whole.' Journal of International Economic Law
'… this is an excellent book … it provides a rare opportunity to examine, from the inside, the WTO dispute settlement system, which is arguably the most important international dispute settlement system the world has ever seen.' Chinese Journal of International Law
'The breadth of issues and the richness of arguments covered in this collection of essays do justice to over a decade of jurisprudence of the WTO dispute settlement system. … The book is the first instalment of a promising series of publications to celebrate the tenth anniversary of the WTO dispute settlement system.' Leiden Journal of International Law