The WTO at Ten
The Contribution of the Dispute Settlement System

Assesses the past ten years of the WTO and the dispute settlement system.

Giorgio Sacerdoti (Edited by), Alan Yanovich (Edited by), Jan Bohanes (Edited by)

9780521863148, Cambridge University Press

Hardback, published 6 July 2006

576 pages
23.5 x 19.2 x 4.2 cm, 1.024 kg

'The breadth of issues and the richness of arguments covered in this collection of essays do justice to over a decade of jurisprudence of the WTO dispute settlement system. … The book is the first instalment of a promising series of publications to celebrate the tenth anniversary of the WTO dispute settlement system.' Leiden Journal of International Law

Bringing together articles by some of the leading policy-makers, including previous WTO Director-Generals, practitioners, scholars of international trade law, government officials, international civil servants, members of the WTO Appellate Body, and judges from a number of international tribunals, this volume assesses the first ten years of the World Trade Organization. It examines: the relationship and balance between political governance and dispute settlement; the functioning of the dispute settlement procedures and various reform proposals; the contribution of the Appellate Body to the development of international trade law; and treaty interpretation in a number of international dispute settlement fora such as the WTO, the International Court of Justice, the European Court of Justice, and the Tribunal for the Law of the Sea. The book has its origins in a series of events commemorating the tenth anniversary of the creation of the Appellate Body.

Notes on contributors
Foreword Pascal Lamy
Acknowledgements
Table of dispute settlement cases
List of abbreviations
Introduction
Part I. The WTO at Ten: 1. The WTO at ten: building on ten years of achievements Supachai Panitchpakdi
2. The WTO: ten years after its establishment Renato Ruggiero
3. From Doha to Hong Kong and beyond: a parliamentarian's perspective Enrique Barón Crespo
4. The dispute settlement system of the WTO in action: a perspective on the first ten years Giorgio Sacerdoti
Part II. Trade Negotiations and Dispute Settlement: What Balance Between Political Governance and Judicialization?: 5. The Appellate Body, the WTO dispute settlement system and the politics of multilateralism Robert Howse and Susan Esserman
6. WTO dispute settlement: a brief reality check Alejandro Jara
7. From 'member-driven governance' to constitutionally limited 'multilevel trade governance' in the WTO Ernst-Ulrich Petersmann
8. Homage to a Bull Moose III: striking the correct balance between political governance and judicialization in the WTO Elissa Alben and Timothy Reif
9. Drawing a line of equilibrium in a complex world Hélène Ruiz Fabri
10. WTO law in context: the integration of international human rights and environmental law in the dispute settlement process Francesco Francioni
11. The limits of the WTO: facing non-trade issues Friedl Weiss
Part III. From Initiating Proceedings to Ensuring Implementation: What Needs Improvement?: 12. The WTO dispute settlement system - from initiating proceedings to ensuring implementation: what needs improvement? Valerie Hughes
13. The umpire needs better rules of the game Jacques Bourgeois
14. DSU reform: if it is not broken - improve it? Daniel Brinza
15. DSU reform: resolving underlying balance-of-power issues Thomas Cottier
16. From initiating proceedings to ensuring implementation: the links with the community legal order Pieter Jan Kuijper
Part IV. Ten Years and Sixty-Three Cases Later: The Contribution of the Appellate Body to the Development of International Trade Law: 17. Assessing the 'success' of the Appellate Body over the first ten years John Lockhart
18. From afterthought to centrepiece: the WTO Appellate Body and its rise to prominence in the world trading system Peter Van den Bossche
19. Balance and coherence by the WTO Appellate Body: who could do better? Gabrielle Marceau
20. Looking for Mr and Mrs Right: ten years of the Appellate Body at the WTO Petros Mavroidis
21. Treaty interpretation and the development of international trade law by the WTO Appellate Body Donald McRae
22. The emergence of non-state actors in international commercial disputes through WTO Appellate Body case-law Brigitte Stern
23. The Appellate Body's working procedures for appellate review Victoria Donaldson and Alan Yanovich
24. Reflections on the concept of 'judicial economy' in WTO dispute settlement Jan Bohanes and Andreas Sennekamp
Part V. Treaty Interpretation in International Law: Comparing the Appellate Body with the Courts in the Hague, Hamburg and Luxembourg: 25. The Appellate Body and treaty interpretation Georges Abi-Saab
26. Methods and practice of treaty interpretation by the International Court of Justice Gilbert Guillaume
27. The jurisprudence of the Court of Justice and the Court of First Instance of the European Communities Paolo Mengozzi
28. The European Court of Justice: sources of law and methods of interpretation Allan Rosas
29. The International Tribunal for the Law of the Sea: applicable law and interpretation Tullio Treves
Annex: statistics on appellate review
Index.

Subject Areas: Settlement of international disputes [LBH], International economic & trade law [LBBM]