WTO Dispute Settlement: a Check-up

This book provides an in-depth analysis of key issues arising after more than 20 years of experience with WTO dispute settlement. Comparisons are also made with respect to investment arbitration, which has attracted much attention in recent years. The bottom-line question: is WTO dispute settlement on the right track or not?

The dispute settlement system of the World Trade Organisation has been referred to as the jewel in the crown of the WTO. Reviewing more than twenty years of the system's operation, this volume takes stock by providing an in-depth analysis of key issues that have emerged. The book collects and updates papers by a group of eminent experts that were presented at an international conference at the College of Europe in Bruges. The fundamental question of whether the system is in good shape or whether changes are necessary is addressed through five themes. Firstly, the book looks at the interpretive function of the dispute settlement system and questions whether rulings are capable of "gap-filling". Secondly, under the heading 'Jurisdiction and Applicable Law' we cover the thorny issue of how public international law can be integrated into the dispute resolution system. Thirdly, regarding problems associated with implementation, we ask whether the system ensures satisfactory compliance with its rules and rulings or whether financial remedies need to be added. Furthermore, through themes four and five we compare the WTO dispute settlement system with the dispute settlement system contained in the Free Trade Agreements, as well as the investor-state arbitration system (ISDS). We investigate how these two different systems can influence each other and learn from one another. With respect to the reform debate on ISDS, for example, the question was raised whether the WTO dispute settlement system could be considered as a model for such a reform. This review comes to the conclusion that the system is functioning, if not perfectly, at least reasonably well. Where problems are identified, solutions are suggested to improve the system.

Auteur

The editors and contributors come from a wide cross-section of practitioners and academics having broad experience with WTO dispute settlement and investment arbitration.

Contenu

Content: Jacques Bourgeois/Marco Bronckers/Reinhard Quick: The WTO Dispute settlement mechanism: A health check (Draft 05.10.2016) - Dirk De Bièvre: The origins of WTO dispute settlement - Lothar Ehring: A Comment - Lorand Bartels: Jurisdiction and Applicable Law in the WTO - Mary Footer: A Comment - Darya Galperina/Pernod Ricard/Adrian van den Hoven/Geert Zonnekeyn: Panel Discussion: Business and WTO Dispute Settlement - Marco Bronckers*/*Freya Baetens: Financial payments as a remedy in WTO dispute settlement proceedings. An Update - Bernard Hoekman: A comment - Pieter Jan Kuijper: A comment - Louise Johannesson/Petros C. Mavroidis: Five Scenarios in Search of a Director. WTO Judges, Their Terms of References, Scope of Competence, Remedies they Proscribe, and the Consequences for the Addressees - Freya Baetens: Strengths, Weaknesses, Opportunities and Threats of Investor-State Dispute Settlement as Compared to WTO Dispute Settlement - Jacob Grierson: A Comment.