Title A Handbook on the WTO Dispute Settlement System, 2/e
Subtitle Prepared by the Legal Affairs Division and the Rules Division of the WTO Secretariat, and the Appell
Author World Trade Organization
ISBN 9781108404853
List price USD 90.00
Price outside India Available on Request
Original price
Binding Paperback
No of pages 300
Book size 153 x 229 mm
Publishing year 2017
Original publisher Brookings Institution Press
Published in India by Brookings Institution Press
Exclusive distributors Viva Books Private Limited
Sales territory India, Sri Lanka, Bangladesh, Pakistan, Nepal, .
Status New Arrival
About the book Send Enquiry
  
 


Description:

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

Provides a clear and thorough review of the rules and procedures of the WTO dispute settlement system

Presents a comprehensive account of the existing jurisprudence concerning WTO dispute settlement procedures

Includes additional resources such as tips about notification procedures, templates of working procedures and timetables, timetables of actual disputes and statistical data

Contents:

Foreword

Abbreviations

Disclaimer

Chapter 1: Introduction to the WTO Dispute Settlement System • Importance of the Dispute Settlement System in the WTO • Functions, Objectives and Key Features of the Dispute Settlement System • Providing Security and Predictability to the Multilateral Trading System • Preserving the Rights and Obligations of WTO Members under the WTO Agreement • Clarification of Rights and Obligations through Interpretation • “Mutually Agreed Solution” as “Preferred Solution” • Prompt Settlement of Disputes • Prohibition against Unilateral Determinations of Violation and I Jnilateral Actions • Exclusive and Compulsory Jurisdiction • An Integrated Set of Rules and Procedures

Chapter 2: Actors in the WTO Dispute Settlement Process • Parties and Third Parties • Parties • Third Parties • No Direct Access for Non-State Actors • The Dispute Settlement Body (DSB) • Composition and Functions • Decision-making in the DSB • Role of the DSB Chairperson • The WTO Secretariat • The Director-General of the WTO • The WTO Secretariat Staff • The WTO Dispute Settlement Registry • Panels • Functions and Composition of Panels • Administrative and Legal Support to Panels and Arbitrators • Appellate Body • The Role of the Appellate Body • Composition and Structure of the Appellate Body • The Appellate Body Secretariat • Arbitrators • Experts • Roles of Conduct

Chapter 3: The Scope of WTO Disputes • When Can a Dispute be Initiated? • What Can be Challenged? • Measures Attributable to a WTO Member • Acts or Omissions • Challenges to Measures “As Such” and “As Applied” • A Special Case: Anti-Dumping Measures • What Claims Can be Raised? • The Covered Agreements • Violation, Non-violation and Situation Complaints

Chapter 4: The Stages in a Typical WTO Dispute • Consultations • The Purpose of WTO Consultations • Legal Basis and Requirements for a Request for Consultations • Procedure for Consultations • Third Parties in Consultations • Panel Review • Introduction • Establishment of a Panel • The Panel Request • Procedures for the Establishment of Panels by the DSB • Multiple Complainants: Joint Panels and Separate Panels with Harmonized Proceedings • The Panel’s Terms of Reference • Third Parties before the Panel • “Substantial Interest” • Timing of the Request • Third-party Rights • Limited Rights Granted by the DSU • Enhanced Third-party Rights • Panel Composition • The Panel Review Process • Panel Working Procedures and Timetable for Panel Proceedings • Written Submissions • Meetings with the Parties • General • Organizational Meeting • Substantive Meetings of the Panel with the Parties • Third-party Session • Deliberation of the Panel • Function of Panels • The Panel’s Standard of Review • Objective Assessment of the Matter (Article 11 of the DSU) • The Special Standard of Review in Article 17.6 of the Anti-Dumping Agreement • Judicial Economy • Order of Analysis • Burden of Proof, Standard of Proof and Rules of Evidence • Burden of Proof • Standard of Proof • Rules of Evidence • The Panel’s Right to Seek Information • The Panel Report • Descriptive Part of the Panel Report • Interim Review and Interim Report • Findings and Recommendations • Issuance and Circulation of the Final Report • Panel Reports in Joint Proceedings • Appellate Review • Applicable Rules and Working Procedures for Appellate Review • Scope of Appellate Review • Right to Appeal • Third Participants at the Appellate Stage • Composition of Appellate Body Division • Procedures for Appellate Review • Notice of Appeal • Notice of Other Appeal • Written Submissions • Oral Hearing • Deliberations of the Appellate Body • Mandate of the Appellate Body • The Appellate Body Report • Withdrawal of an Appeal • Deadline for Completion of the Appellate Review • Adoption of the Reports by the Dispute Settlement Body • Legal Effect of Panel and Appellate Body Reports and DSB Recommendations and Rulings

Chapter 5: Compliance with DSB Recommendations and Rulings • Prompt Compliance • Intentions in Respect of Implementation • Reasonable Period of Time for Implementation • Compliance Proceedings under Article 21.5 of the DSU • Remedies in the Event of Non-implementation • Compensation • Countermeasures (Suspension of Concessions and Other Obligations) • Purpose of Countermeasures under the DSU • Procedure for the Authorization of Suspension of Concessions or Other Obligations • Principles and Procedures Governing the Suspension of Concessions or Other Obligations • Permissible Level of Suspension • Permissible Sector of Countermeasures • Arbitration under Article 22.6 of the DSU • Special Rules on Countermeasures for Prohibited and Actionable Subsidies under the SCM Agreement • The “Sequencing” Issue • Multilateral Surveillance by the DSB Pending Full Implementation or Satisfaction • Special Procedures for Non-violation and Situation Complaints • Non-violation Complaints • Situation Complaints

Chapter 6: Other Procedural Issues Arising in WTO Dispute Settlement Proceedings • Preliminary Rulings • Confidentiality • General Remarks • Confidentiality during Consultations • Confidentiality during Panel Proceedings • Confidentiality during Appellate Review • Legal Representation • Amicus curiae Submission • Amicus curiae Briefs in Panel Proceedings • Amicus curiae Briefs in Appellate Review

Chapter 7: Alternatives to Adjudication by Panels and the Appellate Body • Mutually Agreed Solutions • Nature of Mutually Agreed Solutions • Legal Effect and Interpretation of Mutually Agreed Solutions • Timing of Negotiations for, and Notification of, Mutually Agreed Solutions • Good Offices, Conciliation and Mediation • Arbitration Pursuant to Article 25 of the DSU

Chapter 8: Developing Countries in the WTO Dispute Settlement System • Special and Differential Treatment • Special and Differential Treatment during Consultations • Special and Differential Treatment at the Panel Stage • Special and Differential Treatment at the Implementation Stage • Accelerated Procedure - Decision of 5 April 1966 • Special Dispute Settlement Provisions for Least-developed Country Members • Legal Assistance for both Developing and Developed Country Members • Representation by External Counsel and the Advisory Centre on WTO Law (ACWL)

Chapter 9: Ongoing Efforts to Improve the WTO Dispute Settlement System • Negotiations to Improve and Clarify the DSU • Secretariat’s Informal Consultations Concerning the Panel Process

Chapter 10: Further Information and Resources • Legal Texts • WTO Official Documents • Information and Documents on the WTO Website • Reference Rooks • Contacting the WTO

Chapter 11: Annex I: Flow Chart of the WTO Dispute Settlement Process

Chapter 12 Annex II: Dispute Settlement Rules • Provisions on Consultation and Dispute Settlement in GATT 1994, GATS and the TRIPS Agreement • Articles XXII and XXIII of the GATT 1994 • Articles XXII and XXIII of the GATS • Article 64 of the TRIPS Agreement • The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) • Special or Additional Rules and Procedures Contained in the Covered Agreements in Force (Appendix 2 of the DSU) • Article 11.2 of the SPS Agreement • Articles 14.2 through 14.4 and Annex 2 of the TBT Agreement • Articles 17.4 through 17.7 of the Anti-Dumping Agreement • Articles 19.3 through 19.5 and Annex II.2(f), 3, 9, 21 of the Customs Valuation Agreement • Articles 4.2 through 4.12, 6.6, 7.2 through 7.10, 8.5, 24.4, and 27.7 of the SCM Agreement, footnote 35 thereto, and Annex V thereof • Paragraph 4 of the GATS Annex on Financial Services and Annex on Air Transport Services • Paragraphs 1 through 5 of the Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services • Rules of Conduct for the DSU (WT/DSB/RC/1)

Chapter 13: Annex III: Examples of Panel Working Procedures • Annex III.A: Sample of Panel Working Procedures (Including Expert Consultation Process) • Annex III.B: Sample of Additional Working Procedures for the Protection of Strictly Confidential Information (SCI) • Annex III.C: Sample of Additional Working Procedures for the Protection of Business Confidential Information (BCI) • Annex III.D: Sample of Working Procedures for Article 21.5 Compliance Panel • Annex III.E: Sample of Working Procedures for Article 22.6 Arbitration

Chapter 14: Annex IV: Examples of Timetables for Panel Proceedings • Annex IV.A: Sample of Timetable for Panel Proceedings (Original Panel Proceedings without Experts) • Annex IV.B: Sample of Timetable for Panel Proceedings (Original Panel Proceedings with Experts) • Annex IV.C: Sample of Timetable for Panel Proceedings (Compliance Panel Proceedings) • Annex IV.D: Sample of Article 22.6 DSU Arbitration Timetable

Chapter 15: Annex V: Working Procedures for Appellate Review (WT/AB/WP/6)

Chapter 16: Annex VI. DSB Practices • Working Practices Concerning Dispute Settlement Procedures (WT/DSB/6) • United States - Section 306 of the Trade Act and Amendments Thereto (WT/DS200/13)

Chapter 17: Annex VII: Communication from the Director-General on Article 5 of the DSU (WT/DSB/25)

Chapter 18: Annex VIII: Decision of 5 April 1966 on Procedures under Artide XXIII (BISD 14S/18)

Chapter 19: Annex IX: Decision of 12 April 1989 on Improvements to the GATT Dispute Settlement Rules and Procedures (BISD 36S/61)

Chapter 20: Annex X: Historic Development of the GATT/WTO Dispute Settlement System • The System under the GATT 1947 and its Evolution over the Years • Articles XXII and XXIII of the GATT 1947 and Emerging Practices • Limitation of the GATT Dispute Settlement System • Dispute Settlement under the Tokyo Round “Codes” • The Uruguay Round and the Decision of 1989 on Improvements to GATT Dispute Settlement • Major Challenges in the Uruguay Round

Chapter 21: Annex XI: Index of Official Titles and Short Titles of WTO Disputes (as of 1 December 2016)

Chapter 22: Annex XII: WTO Disputes - Reports Circulated and/or Adopted

Index

Target Audience:

People interested in Political Science and Global Trade.

 

 
Special prices are applicable to the authorised sales territory only.
Prices are subject to change without prior notice.