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Key Issues in WTO Dispute Settlement

Key Issues in WTO Dispute Settlement
The First Ten Years

$94.99 (C)

Rufus Yerxa, Georges Abi-Saab, Bruce Wilson, Bozena Mueller Holyst, Gabrielle Marceau, Jesse Kreier, Peter Van den Bossche, Valerie Hughes, Werner Zdouc, Brendan McGivern, Yves Renouf, Giorgio Sacerdoti, Joel Trachtman, Andrew Mitchell, Matthias Oesch, Scott Andersen, Olivier Prost, Mireille Cossy, James Durling, David Hardin, Raimund Raith, John Magnus, Celso de Tarso, David Evans
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  • Date Published: November 2005
  • availability: Available
  • format: Hardback
  • isbn: 9780521861595

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  • This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.

    • Provides an 'insider's view' of how the WTO dispute settlement system operates on a case by case basis, including contributions from professional staff of the WTO Secretariat and the WTO Appellate Body and Secretariat
    • Gives specific examples of how WTO jurisprudence has developed through the adjudication of individual dispute cases
    • Examines developments such as rules of evidence, testimony of expert witnesses, amicus curiae briefs and other issues in the development of the dispute settlement system
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    Reviews & endorsements

    '… it provides a wealth of details on certain aspects of the DSU. … The book, hence, can be recommended to those interested in the details of this procedure.' Script-ed

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    Product details

    • Date Published: November 2005
    • format: Hardback
    • isbn: 9780521861595
    • length: 328 pages
    • dimensions: 224 x 170 x 26 mm
    • weight: 0.65kg
    • contains: 5 tables
    • availability: Available
  • Table of Contents

    Part I. Introduction and General Considerations:
    1. The power of the WTO dispute settlement system Rufus Yerxa
    2. The WTO dispute settlement and general international law Georges Abi-Saab
    Part II. The WTO Dispute Settlement System: Its Processes and its Institutions:
    3. The WTO dispute settlement system and its operation: a brief overview of the first 10 years Bruce Wilson
    4. The role of the Dispute Settlement Body in the dispute settlement process Bozena Mueller Holyst
    5. Consultations and the panel process in the WTO dispute settlement system Gabrielle Marceau
    6. Contingent trade remedies and WTO dispute settlement: Some particularities Jesse Kreier
    7. The making of the 'World Trade Court': the origins and developments of the Appellate Body of the World Trade Organization Peter Van den Bossche
    8. Special challenges at the appellate stage: a case study Valerie Hughes
    9. The reasonable period of time for compliance with the rulings and recommendations adopted by the WTO Dispute Settlement Body Werner Zdouc
    10. Implementation of panel and Appellate Body rulings: an overview Brendan McGivern
    11. A brief introduction to countermeasures in the WTO dispute settlement system Yves Renouf
    Part III. The WTO Dispute Settlement System: Systemic and Other Issues:
    12. The role of lawyers in the WTO dispute settlement system Giorgio Sacerdoti
    13. Jurisdiction in WTO dispute settlement Joel Trachtman
    14. Due process in WTO disputes Andrew Mitchell
    15. Standards of review in WTO panel proceedings Matthias Oesch
    16. Administration of evidence in WTO dispute settlement proceedings Scott Andersen
    17. Confidentiality issues under the DSU: fact-finding process versus confidentiality Olivier Prost
    18. Panels' consultations with scientific experts Mireille Cossy
    19. Amicus curiae participation in WTO dispute settlement James Durling and David Hardin
    20. Suspension of concessions and retaliation under the Safeguards Agreement Raimund Raith
    21. Compliance with WTO dispute settlement decisions: is there a crisis? John Magnus
    22. DSU review: A view from the inside Celso de Tarso and David Evans
    Part IV. Annexes: Annexes I-V: Selected statistics: The first ten years of the WTO
    Annex VI. Biographical note on contributing authors
    Annex VII. Table of cases.

  • Editors

    Rufus Yerxa, World Trade Organization, Geneva
    WTO Deputy Director-General.

    Bruce Wilson, World Trade Organization, Geneva
    Director, WTO Legal Affairs Division.

    Contributors

    Rufus Yerxa, Georges Abi-Saab, Bruce Wilson, Bozena Mueller Holyst, Gabrielle Marceau, Jesse Kreier, Peter Van den Bossche, Valerie Hughes, Werner Zdouc, Brendan McGivern, Yves Renouf, Giorgio Sacerdoti, Joel Trachtman, Andrew Mitchell, Matthias Oesch, Scott Andersen, Olivier Prost, Mireille Cossy, James Durling, David Hardin, Raimund Raith, John Magnus, Celso de Tarso, David Evans

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