Law of the WTO

Law of the WTO

HIA5 -Hand-In Assignment
The purpose of the WTO dispute settlement system is the prompt settlement of disputes between WTO Members concerning their respective rights and obligations under WTO law. As stated in Article 3.3 of the DSU, the prompt settlement of such disputes is:

“… essential to the effective functioning of the WTO and the maintenance of a proper balance between the rights and obligations of Members”.

– Discuss the four stages of the WTO dispute settlement proceedings and outline the three types of remedy for breach of WTO law.
———–
Textbook
Van den Bossche, P and Zdouc, W. (2013) The Law and Policy of the World Trade Organization: Text, Cases and Materials, 3rd Edition, Cambridge University Press. Sections 3.2.1 to 6.5.
Sections 3.2.1 to 6.5 discusses the principles of the WTO dispute settlement such as the purpose of the system, the rules of interpretation, confidentiality and rules of conduct, the institutions of the WTO dispute settlement such as the Dispute Settlement Body, panels and the Appellate Body, and finally WTO dispute settlement proceedings.

Journal articles/other reading:
Davey, W. J. ‘The WTO Dispute Settlement System: The First Ten Years’ (2005) 8 Journal of International Economic Law 17-50.
Davey in his article reviews the operation of the WTO’s dispute settlement system during its first ten years – from 1995 to 2004. After a brief overview of the system, the experience of several major users of the system – the United States, the European Communities, Canada, Japan, Brazil and India – is examined and an evaluation is made in terms of how they have fared in advancing their major trade policy concerns on a subject matter and a country-by-country basis. Davey concludes that since its inception in 1995, the system has worked reasonably well in providing a reasonably effective mechanism through which WTO Members are able to resolve disputes, both at the consultation stage and following completion of formal dispute settlement proceedings.
Students should access the following resources:
WTO Dispute settlement gateway
https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm
The Council on Foreign Relations: Is the WTO dispute settlement system fair?
https://www.cfr.org/publication/12665
UNECLAC (United Nations Economic Commission for Latin America and the Caribbean): Dispute settlement in the WTO
https://idatd.eclac.cl/controversias/soluciones/iTemplate-OMC-explicacion.pdf

 

Please Note: Citation should be as per OSCOLA Style.
References should be: 3-4 Peer Reviewed Articles/ NO Books.
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