Practical Aspects of WTO Litigation

Practical Aspects of WTO Litigation
Author: Marco Tulio Molina Tejeda
Publisher: Kluwer Law International B.V.
Total Pages: 661
Release: 2020-07-08
Genre: Law
ISBN: 9041185976

Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.

Dispute Settlement in the World Trade Organization

Dispute Settlement in the World Trade Organization
Author: David Palmeter
Publisher: Cambridge University Press
Total Pages: 356
Release: 2004-04
Genre: Business & Economics
ISBN: 9780521530033

Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System
Author: World Trade Organization
Publisher: Cambridge University Press
Total Pages: 417
Release: 2017-09-14
Genre: Business & Economics
ISBN: 1108417272

This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.

World Trade Organization (WTO) Dispute Settlement Decisions

World Trade Organization (WTO) Dispute Settlement Decisions
Author: Bernan Press
Publisher: Bernan Press
Total Pages: 372
Release: 2003-04-01
Genre: Business & Economics
ISBN: 9780890596401

This first-of-its-kind series from Bernan Press includes all World Trade Organization Panel Reports and Appellate Decisions since the WTO's establishment in 1995. Cases are presented in chronological order, based on the date of the decision being reported, and have been annotated by Bernan's expert editors so that anyone with an interest in international trade can easily locate, understand, and cross-reference important trade law cases. Each volume in this series provides: The text of each Dispute Settlement case Arguments of all participants, including third parties A full procedural history of each case-from consultation to appeal Up-to-date information on the status of all ongoing disputes Summaries and enumeration of conclusions in the material preceding the case text Detailed annotations including relevant paragraph(s), legal subject matter, and treaty provisions interpreted.

The WTO Dispute Settlement System

The WTO Dispute Settlement System
Author: Mavroidis, Petros C.
Publisher: Edward Elgar Publishing
Total Pages: 640
Release: 2022-07-15
Genre: Political Science
ISBN: 1803921749

This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.

World Trade Organization Dispute Settlement Decisions

World Trade Organization Dispute Settlement Decisions
Author: Bernan Press
Publisher: Bernan Press
Total Pages: 312
Release: 2003-09-01
Genre: Political Science
ISBN: 9780890598658

This first-of-its-kind series from Bernan Press includes all World Trade Organization Panel Reports and Appellate Decisions since the WTO's establishment in 1995. Cases are presented in chronological order, based on the date of the decision being reported, and have been annotated by Bernan's expert editors so that anyone with an interest in international trade can easily locate, understand, and cross-reference important trade law cases. Each volume in this series provides: The text of each Dispute Settlement case Arguments of all participants, including third parties A full procedural history of each case-from consultation to appeal Up-to-date information on the status of all ongoing disputes Summaries and enumeration of conclusions in the material preceding the case text Detailed annotations including relevant paragraph(s), legal subject matter, and treaty provisions interpreted.

Key Issues in WTO Dispute Settlement

Key Issues in WTO Dispute Settlement
Author: Rufus Yerxa
Publisher: Cambridge University Press
Total Pages: 328
Release: 2005-10-20
Genre: Law
ISBN: 9780521861595

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.

World Trade Organization Dispute Settlement Decisions

World Trade Organization Dispute Settlement Decisions
Author: Bernan Press
Publisher: Bernan Press
Total Pages: 438
Release: 2002-10
Genre: Business & Economics
ISBN: 9780890596319

This first-of-its-kind series from Bernan Press includes all World Trade Organization Panel Reports and Appellate Decisions since the WTO's establishment in 1995. Cases are presented in chronological order, based on the date of the decision being reported, and have been annotated by Bernan's expert editors so that anyone with an interest in international trade can easily locate, understand, and cross-reference important trade law cases. Each volume in this series provides: The text of each Dispute Settlement case Arguments of all participants, including third parties A full procedural history of each case-from consultation to appeal Up-to-date information on the status of all ongoing disputes Summaries and enumeration of conclusions in the material preceding the case text Detailed annotations including relevant paragraph(s), legal subject matter, and treaty provisions interpreted.

World Trade Organization Dispute Settlement Decisions

World Trade Organization Dispute Settlement Decisions
Author: James Patton
Publisher: Bernan Press
Total Pages: 647
Release: 2005-05-15
Genre: Business & Economics
ISBN: 9781886222847

Dispute settlement decisions of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions.

WTO Dispute Settlement Decisions

WTO Dispute Settlement Decisions
Author: Bernan Press
Publisher: Bernan Press
Total Pages: 624
Release: 2005-05
Genre: Business & Economics
ISBN: 9781886222830

Dispute settlement decisions of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions.