WTO Dispute Settlement: Praise and Suggestions for Reform-Reference-Cited by-同舟云学术

WTO Dispute Settlement: Praise and Suggestions for Reform

Published:1998-07 Issue:3 Volume:47 Page:647-658
ISSN:0020-5893
Container-title:International and Comparative Law Quarterly
language:en
Short-container-title:ICLQ

Author:

Schoenbaum Thomas J.

Abstract

We have now had three years' experience with the dispute-settlement process of the World Trade Organization (WTO), which came into existence as a result of the Uruguay Round of trade negotiations on 1 January 1995. By any objective standard, this system of dispute settlement is a resounding success. Well over 100 cases have been brought to the WTO, and, as at the end of 1997,25cases had been settled at the consultation stage, 61 were under consultations and 36 were in or beyond the panel-appeal process. The newly created Appellate Body has decided nine cases, the quality of its opinions as well as those of the dispute-settlement panels is generally excellent. Member States of the WTO are complying with the rulings and recommendations adopted by the Dispute Settlement Body of the WTO.

Publisher

Cambridge University Press (CUP)

Subject

Law,Political Science and International Relations

Reference31 articles.

1. Treaty Establishing a Common Market, 26 03. 1991, Arg.-Braz.-Para.-Uru. (1991) 30 I.L.M. 1041. The MERCOSUR dispute-settlement system is contained in the Brasilia Protocol, 17 Dec. 1991, 6 Inter-Am. Legal Materials 1 (Simon Pumell, trans., 1996).

2. See also Schleyer Glen T. , “Power to the People: Allowing Private Parties to Raise Claims Before the WTO Dispute Resolution System” (1997) Fordham L.Rev. 2275 for a broader proposal for private-party access.

3. see Andrea Giardina and Amcrico Beviglia Zampetti, “Settling Competition-Related Disputes: The Arbitration Alternative in the WTO Framework”, 31 J. of World Trade 5 (1997)

4. This was made explicit hi the US Statement of Administrative Action (p.366) pre-pared in connection with the Uruguay Round implementing legislation. H.R.Doc.No.316, 103rd Cong. 2nd Sess. 137 (1994).

5. see Sykes Alan O. , “Constructive Threats in International Commer-cial Relations: The Limited Case for Section 301” (1992) Law & Policy in Int. Bus. 263.

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