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The WTO at Ten

The WTO at Ten
The Contribution of the Dispute Settlement System

$159.00

Pascal Lamy, Supachai Panitchpakdi, Renato Ruggiero, Enrique Barón Crespo, Giorgio Sacerdoti, Robert Howse, Susan Esserman, Alejandro Jara, Ernst-Ulrich Petersmann, Elissa Alben, Timothy Reif, Hélène Ruiz Fabri, Francesco Francioni, Friedl Weiss, Valerie Hughes, Jacques Bourgeois, Daniel Brinza, Thomas Cottier, Pieter Jan Kuijper, John Lockhart, Peter Van den Bossche, Gabrielle Marceau, Petros Mavroidis, Donald McRae, Brigitte Stern, Victoria Donaldson, Alan Yanovich, Jan Bohanes, Andreas Sennekamp, Georges Abi-Saab, Gilbert Guillaume, Paolo Mengozzi, Allan Rosas, Tullio Treves
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  • Date Published: July 2006
  • availability: Available
  • format: Hardback
  • isbn: 9780521863148

$159.00
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About the Authors
  • 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
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    Product details

    • Date Published: July 2006
    • format: Hardback
    • isbn: 9780521863148
    • length: 576 pages
    • dimensions: 229 x 152 x 37 mm
    • weight: 1.01kg
    • availability: Available
  • Table of Contents

    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.

  • Editors

    Giorgio Sacerdoti, World Trade Organization
    Giorgio Sacerdoti has been a Member of the WTO Appellate Body since 2001. He is also Professor of International Law and European Law (Jean Monnet chair) at Bocconi University, Milan.

    Alan Yanovich, World Trade Organization
    Alan Yanovich has been a Counsellor at the WTO Appellate Body Secretariat since 2001. He was previously a legal adviser at the General Secretariat of the Andean Community.

    Jan Bohanes, World Trade Organization
    Jan Bohanes has been Legal Officer at the WTO Appellate Body Secretariat since 2002. Previously, he was a visiting researcher at the Trade Law Centre for Southern Africa (tralac).

    Contributors

    Pascal Lamy, Supachai Panitchpakdi, Renato Ruggiero, Enrique Barón Crespo, Giorgio Sacerdoti, Robert Howse, Susan Esserman, Alejandro Jara, Ernst-Ulrich Petersmann, Elissa Alben, Timothy Reif, Hélène Ruiz Fabri, Francesco Francioni, Friedl Weiss, Valerie Hughes, Jacques Bourgeois, Daniel Brinza, Thomas Cottier, Pieter Jan Kuijper, John Lockhart, Peter Van den Bossche, Gabrielle Marceau, Petros Mavroidis, Donald McRae, Brigitte Stern, Victoria Donaldson, Alan Yanovich, Jan Bohanes, Andreas Sennekamp, Georges Abi-Saab, Gilbert Guillaume, Paolo Mengozzi, Allan Rosas, Tullio Treves

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