WTO Dispute Settlement: Crown Jewel or Costume Jewelry?

WTO Dispute Settlement: Crown Jewel or Costume Jewelry?

The dispute settlement system of the World Trade Organization (WTO) knew considerable success in its early years, being described as the WTO's crown jewel. In recent years, the jewel has become tarnished. Its principal actor – the Appellate Body – is no longer functioning, and the practice of t...

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Bibliographic Details
Published in:World trade review Vol. 21; no. 3; pp. 291 - 300
Main Author: Davey, William J.
Format: Journal Article
Language:English
Published: Cambridge, UK Cambridge University Press 01-07-2022
Subjects:
Agreements
Appeals
Dispute resolution (Law)
Disputes
International law
International trade
Nominations
Original Article
World Trade Organization
United States > US
WTO Dispute Settlement
Appellate Body
WTO
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Summary:The dispute settlement system of the World Trade Organization (WTO) knew considerable success in its early years, being described as the WTO's crown jewel. In recent years, the jewel has become tarnished. Its principal actor – the Appellate Body – is no longer functioning, and the practice of the membership has been to appeal almost all new panel reports, thereby consigning them to a legal limbo from which they seem unlikely to ever emerge. This paper briefly reviews the record of the WTO dispute settlement system, considers the problems that led to its current state and evaluates various proposals that have been made to reinvigorate the system.
Bibliography:Informit, Melbourne (Vic)
WORLD TRADE REVIEW, Vol. 21, No. 3, Jul 2022, 291-300
ISSN:1474-7456
1475-3138
DOI:10.1017/S1474745622000106