Dispute settlement in the World Trade Organization : practice and procedure / David Palmeter and Petros C. Mavroidis.

Format:

Book

Author/Creator:

Palmeter, N. David, author.

Mavroidis, Petros C., author.

Language:

English

Subjects (All):

World Trade Organization.

International commercial arbitration.

Arbitration agreements, Commercial.

Tariff--Law and legislation.

Tariff.

Foreign trade regulation.

Arbitration (International law).

Physical Description:

1 online resource (xviii, 330 pages) : digital, PDF file(s).

Edition:

Second edition.

Place of Publication:

Cambridge : Cambridge University Press, 2004.

Language Note:

English

Summary:

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 2004 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.

Contents:

Cover; DISPUTE SETTLEMENT IN THE WORLD TRADE ORGANIZATION; Title; Copyright; CONTENTS; PREFACE; 1: Overview; 1.01 The ITO, the GATT, and the WTO; [1] Bretton Woods and the Havana Charter; [2] The negotiation of GATT; [3] The Protocol of Provisional Application (PPA); [4] GATT's 47 "provisional" years; [5] GATT dispute settlement11; 1.02 The Uruguay Round; 1.03 The World Trade Organization; 1.04 The Dispute Settlement Body; 1.05 The Dispute Settlement Understanding; 2: Jurisdiction; 2.01 Overview; 2.02 Terms of reference; [1] Rationale for terms of reference

[2] Parallelism between consultations and terms of reference[3] Standard terms of reference; [4] Non ultra petita; [5] The obligation of panels to consider all issues referred to in the terms of reference; [6] Parallelism between the terms of reference and submissions to a panel; 2.03 Jurisdiction Ratione Materiae; [1] Covered agreements; [2] Conflicts among agreements; [3] Simultaneous application of different agreements; [4] Non-application between particular Members; [5] The DSU and the competence of other WTO bodies; [6] The "matter" before the Panel

[7] Measures changed during proceedings[8] Change in legal justification for a measure; [9] Measures no longer in effect; [10] Review of measures taken to comply with rulings and recommendations of the DSB; 2.04 Jurisdiction Ratione Personae; [1] Non-Members; [2] Regional and local government measures; [3] Application of customary international law to WTO Members; 2.05 Standing (Locus Standi ); [1] Requirement of a legal interest; [2] Exhaustion of local remedies; [3] Participation by amicus curiae; 2.06 Review of jurisdictional claims; [1] Challenge to jurisdiction by parties

[2] Ex officio review of jurisdiction[3] Res judicata; [4] Estoppel; 2.07 Arbitration; 2.08 Appellate jurisdiction; [1] General; [2] Questions of municipal law; 3: Sources of Law; 3.01 Overview; 3.02 Covered agreements; 3.03 Reports of prior panels and the Appellate Body; [1] GATT practice; [2] Adopted GATT Reports in the WTO; [3] Unadopted GATT Reports in the WTO; [4] WTO Panel Reports; [5] Appellate Body Reports; 3.04 Custom; 3.05 Teachings of the most highly qualified publicists; 3.06 General principles of law; 3.07 Other international agreements

[1] Agreements referred to in the WTO Agreements[2] Other multilateral agreements; [3] Agreements between the parties; [4] Agreements to which the WTO is a party; 3.08 Decisions of other international tribunals; 3.09 Interpretation of WTO law; [1] The Vienna Convention on the Law of Treaties; [2] Travaux préparatoires; [3] Use of dictionaries; [4] Lex specialis; [5] Principle of "contemporaneity"; [6] Principle of "effectiveness"; 4: The Panel Process; 4.01 Overview; 4.02 Good offices, conciliation and mediation; 4.03 Consultations; [1] Purpose; [2] Form and content of the request

[3] Whether consultations occur

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 310-315) and index.

ISBN:

1-107-19514-4

1-280-48559-0

1-139-23270-3

9786613580573

1-139-23047-6

1-139-22903-6

1-139-17793-1

1-139-23194-4

1-139-23348-3

OCLC:

780425823