International Law

The WTO Dispute Settlement System: How, Why and Where?

By Petros C. Mavroidis
Edward Elgar Publishing June 2022

Specifications

ISBN-13
9781803921730
Publisher
Edward Elgar Publishing
Publication
June 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO’s present predicament. Petros C. Mavroidis employs these findings to build a case for the urgent reform of the WTO dispute settlement system by virtue of its accomplishments. He then concludes with a proposal for a reinvigorated “Dispute Settlement Understanding 2.0”.

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. Its accessible evaluation of the rationale and practice of key provisions of the adjudication regime will also be of benefit to practicing attorneys.

Table of Contents

Introduction
1. Endless ordeal and no denouement
2. Adjudicating disputes at the WTO: a primer on the DSU
3. The actors, and their disputes
4. Consultations and the panel process
5. The process before the Appellate Body
6. The subject matter of disputes
7. The end of disputes
8. Suspension of concessions (retaliation)
9. The WTO judges
10. Dispute avoidance: specific trade concerns in the TBT and SPS agreements
11. The story that the numbers tell
12. The WTO DSU, a fixer-upper Bibliography Index
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