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Tensions between the dispute settlement process and the diplomatic and treaty-making activities of the WTO

Published online by Cambridge University Press:  14 February 2003

Abstract

The tensions between the (quasi-judicial) dispute settlement process and the (political) diplomatic and treaty-making activities have intrigued me ever since I arrived in Geneva in December 2001. In the course of the six years during which I served as a member of the Appellate Body, my original doubts have grown into concerns. They are shared by prominent and well-informed observers. They have not only become the subject of a provocative and alarming book, but also found their way into one of the world's leading newspapers. It is therefore timely to discuss these issues widely, particularly in the context of the ‘Doha development agenda’ and more specifically the negotiations on improvements and clarifications of the Dispute Settlement Understanding (DSU).

Type
Research Article
Copyright
© 2002 Claus-Dieter Ehlermann

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Footnotes

This article is a slightly amended version of a key note address given at the Second Annual WTO Conference ‘Dispute Resolution and the WTO Constitution’ organized by The British Institute of International and Comparative Law, London, 15 May 2002. The original style of presentation has been maintained deliberately.