Practical Aspects of WTO Litigation

Author: Marco Tulio Molina Tejeda
Publisher: Kluwer Law International
ISBN: 9789041185969
Published In: July 2020
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Practical Aspects of WTO Litigation is a complete, real-life account of World Trade Organization’s (WTO’s) dispute settlement procedures. This book explains and identifies the practices that are normally followed by disputing parties when using the WTO’s 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 is the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has hands-on experience in WTO litigation. Contributors identify the best practices and suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view.

What’s in this book:
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 panel’s 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;
sequencing;
retaliation proceedings; and
use of non-WTO international law.

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.

How this will help you:
By confidently approaching cases and enhancing the understanding of the functioning of WTO dispute settlement mechanism with useful insights from experienced practitioners, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove to be of enormous value to all stakeholders in international trade. 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 clarifying the scope of many procedural rules.

Introduction
Marco Tulio Molina Tejeda

CHAPTER 1
Preparing for a WTO Dispute Settlement Resolution Proceeding: The Decision-Making Process
Marco Tulio Molina Tejeda

CHAPTER 2
More than Just ‘Checking the Box’: Recognizing the Importance of WTO Consultations
Stephen Kho & Yujin McNamara

CHAPTER 3
Good Offices, Conciliation and Mediation in WTO Dispute Settlement
Alejandro Sánchez

CHAPTER 4
Panel Requests and Panels’ Terms of Reference
Mislav Mataija

CHAPTER 5
The Role and Assistance of the WTO Secretariat in WTO Dispute Settlement Proceedings
Tania Parcero Herrera & María J. Pereyra

CHAPTER 6
‘See You in Court’: The Panel Process
Rambod Behboodi & Sandeep Ravikumar

CHAPTER 7
Appellate Proceedings
Ricardo Ramírez Hernández

CHAPTER 8
General Considerations for Appeal
Alan Yanovich

CHAPTER 9
Determining the Reasonable Period of Time for Compliance
Tatiana Yanguas

CHAPTER 10
Sequencing
Ian Medcalf

CHAPTER 11
Legal Remedies and Effective Compliance
Niall Meagher

CHAPTER 12
Adjudicating Implementation of Recommendations and Rulings of the DSB under Article 21.5 of the DSU
Pablo M. Bentes

CHAPTER 13
The Last Resort: WTO Retaliation Proceedings
Brendan McGivern

CHAPTER 14
“Post-Retaliation” Compliance Review: Removing the Authorization and the Retaliation
Robert McDougall

CHAPTER 15
Preliminary Challenges and Rulings
Isabelle Van Damme

CHAPTER 16
Evidence in WTO Dispute Settlement: From the Burden of Proof to Invisible Experts
Katherine Connolly, Dominic Coppens, Todd Friedbacher & Nicolas Lockhart

CHAPTER 17
Presenting a Case Before a Panel or the Appellate Body
Marisa Beth Goldstein & Iryna Polovets

CHAPTER 18
Confidentiality and Transparency in the WTO’s Party-Centric Dispute Settlement System
Graham Cook

CHAPTER 19
Use of Non-WTO International Law in WTO Dispute Settlement
Jan Bohanes & Panagiotis Kyriakou