Règlement des différends
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Legal Effect of Panel and Appellate Body Reports and DSB Recommendations and Rulings
The previous chapters gave an explanation of the various procedures set out in the DSU. This chapter and the following ones will address specific issues of interest. This chapter addresses the legal effect of rulings made by panels the Appellate Body and the DSB.
Foreword to the 1995–2013 edition
The WTO Appellate Body Repertory of Reports and Awards is intended to serve first and foremost as a source of information for those interested in the field of international trade law. It presents a systematic compilation of Appellate Body jurisprudence over the past 18 years. The Repertory was initially developed as an internal research tool to assist the Appellate Body Secretariat in carrying out its duty to provide legal advice to Appellate Body Members. The Secretariat subsequently decided to make the Repertory available to the public to serve as a practical tool for officials from WTO Members particularly for those who may not have the resources to prepare similar compendiums in-house. We hope that the Repertory will also assist academics students private practitioners and others with an interest in international trade law and dispute settlement practice who need to consult and access precise information about the evolution of and most recent developments in Appellate Body jurisprudence.
Compliance with WTO dispute settlement decisions: Is there a crisis?
Conferences and symposia on the World Trade Organization (WTO) have been proliferating in connection with the organization’s tenth anniversary with a particular focus on the WTO dispute settlement system – how it is working what difficulties have arisen how its rules might evolve etc. These events typically feature a certain amount of hand-wringing over the fact that adopted WTO dispute settlement decisions have only a limited indirect influence on the subsequent behaviour of losing respondents and sometimes are not implemented promptly or at all. Some observers have gone so far as to proclaim the existence of a ‘compliance crisis’ with potentially ruinous consequences for the WTO and the trading system more generally.
Preface
This volume contains a collection of the legal texts related to the settlement of disputes under the Agreement Establishing the World Trade Organization (WTO). To facilitate their use the texts have been grouped by subject matter and cross-references and a subject index have been added by the WTO Secretariat. These additions do not form part of the legal texts and therefore should not be used as sources of interpretation.
Dispute Settlement without Recourse to Panels and the Appellate Body
The previous chapters have devoted much attention to the involvement of panels and the Appellate Body in the WTO dispute settlement system. However it is important to stress that panels and the Appellate Body are not always involved in a WTO dispute and there are various other ways to solve disputes within the framework of the WTO. Indeed the parties often use these other ways and manage to solve their dispute in a cooperative manner and not through recourse to adjudication by panels and the Appellate Body. In this regard parties can settle a dispute by finding a mutually agreed solution in bilateral negotiations or with the help of dispute resolution mechanisms such as good offices conciliation or mediation. In addition they can also agree to refer their dispute to an arbitrator.
Key Issues in WTO Dispute Settlement
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.
Foreword
This Handbook explains the rules and procedures of the WTO dispute settlement system explores the practices that have arisen in its operation since its entry into force on 1 January 1995 and provides a comprehensive account of the existing jurisprudence concerning dispute settlement procedures. It also includes useful information on the operation of the WTO dispute settlement system to date including tips about notification procedures templates of working procedures and timetables timelines of actual disputes statistical data etc. The primary purpose of this Handbook is to explain the WTO dispute settlement system to an interested person who may not necessarily have a legal background. With its detailed content and practice-oriented focus it may also serve as a useful reference tool to experienced practitioners of WTO law including not only prospective panelists and private counsel but also government officials from WTO members.