Editorial. From the Hobbesian international law of coexistence to modern integration law: the WTO dispute settlement system

1998 ◽  
Vol 1 (2) ◽  
pp. 175-198 ◽  
Author(s):  
E-U Petersmann
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Settlement System ◽  
Wto Dispute Settlement ◽  
Dispute Settlement System

scholarly journals ‘Regional Trade Courts’ in the Shadow of the WTO Dispute Settlement System: The Paradox of Two Courts

2020 ◽  
Vol 28 (1) ◽  
pp. 30-49
Author(s):  
Yenkong Ngangjoh-Hodu
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Settlement System ◽  
Regional Trade ◽  
Wto Dispute Settlement ◽  
Dispute Settlement System

As of May 2018, over 650 notifications of RTAs had been received by the WTO Secretariat. Of these, 287 were in force. While the content of the WTO DSU has largely been replicated in most of the ‘regional trade courts’ adjudicatory bodies, emerging features of some of these RTAs are substantially out of line with the WTO DSU. While some RTAs cover aspects currently alien to the WTO, the degree of liberalisation contained within others seems remarkably deeper than under the WTO. Two distinct questions are therefore addressed in this article. The first is whether the proliferation of RTAs threatens in any way the existence of the WTO dispute settlement system, while the second concerns the extent to which this fragmented patchwork of ‘regional trade courts’ contributes to the development of international law. In order to tackle these issues, the article will first explore existing international rules relating to regional trade arrangements.

Mexico – Tax Measures on Soft Drinks and Other Beverages (Complainant: United States of America)

2019 ◽  
Vol 181 ◽  
pp. 436-487
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
International Agreements ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
Wto Dispute Settlement ◽  
Trade Relationship ◽  
Dispute Settlement System ◽  
Settlement Mechanism

Economics, trade and finance — World Trade Organization — General Agreement on Tariffs and Trade — Relationship with other international agreements — North American Free Trade Agreement — Measures allegedly taken contrary to GATT said to be countermeasures responding to violation of NAFTA — WTO dispute settlement mechanismInternational tribunals — Jurisdiction — Discretion not to exercise jurisdiction — Whether inherent power — WTO dispute settlement system — Whether Panel empowered to decline to exercise jurisdiction — Whether dispute between two States parties to NAFTA should be heard by arbitral tribunal under NAFTA rather than by panel under the WTO Dispute Settlement UnderstandingReprisals and countermeasures — Nature and scope — Relationship between countermeasures under international law and measures to secure compliance with laws and regulations within the WTO — Whether falling under GATT Article XX(d)Treaties — Interpretation — Effect — Interpretation of GATT Article XX(d) — Relationship between GATT and other international agreements

Is Compliance the Name of the Effectiveness Game? Goal-Shifting and the Dynamics of Judicial Effectiveness at the WTO

2016 ◽  
Vol 15 (4) ◽  
pp. 671-701
Author(s):  
SIVAN SHLOMO AGON
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Novel ◽  
Settlement System ◽  
Institutional Goals ◽  
Wto Dispute Settlement ◽  
The Social ◽  
Dispute Settlement System ◽  
Novel Concept ◽  
Effectiveness Assessment

AbstractIn line with current research on the effectiveness of international law and institutions, much of the literature on the effectiveness of the WTO dispute settlement system (DSS) has settled on compliance as its primary effectiveness benchmark. This article challenges this trend. It argues that common models gauging the DSS effectiveness through the narrow lens of compliance disregard many other institutional goals pursued by the system, and the conflicts latent among them. Furthermore, existing models are also static in nature—predicated on problematic assumptions regarding the constant supremacy of the DSS compliance objective—what leads them to overlook important shifts amidst the multiple and conflicting goals of the DSS that take place over time and across disputes. Building on the goal-based approach developed in the social sciences, the article introduces a multidimensional framework for analyzing the DSS effectiveness, using the multiple, conflicting and shifting goals set for the system by WTO Members as key effectiveness benchmarks. The article then turns to closely examine the novel concept of ‘goal-shifting’ – essential for effectiveness assessment – and through interview-based analysis of different categories of WTO disputes shows how the DSS goals change with time and context, as a consequence of the changing modalities in which the system operates.

scholarly journals The Application of “The Judicial Trilemma” to the WTO Dispute Settlement System

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 359-363 ◽  
Author(s):  
Isabelle Van Damme
Keyword(s):  
International Law ◽  
World Trade ◽  
Public Discourse ◽  
Dispute Settlement ◽  
Settlement System ◽  
International Courts ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System ◽  
And Function

Dunoff and Pollack's timely article on The Judicial Trilemma offers a constructive paradigm through which to examine and assess the design and the behavior of international courts and tribunals and, in particular, their members at a time when, despite the increasing judicialization of international law and relations, the legitimacy and function of such courts and tribunals are being questioned in political and public discourse. The focus of this response is on the application of the paradigm to the World Trade Organization (WTO) dispute settlement system, which is one of the international courts and tribunals examined by the authors.

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