International Trade Law and the GATT/WTO Dispute Settlement System

This text is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Until recently there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices, the scope for "non-violation complaints", the standards of review, intervention by third parties, and the appellate review procedures and case-law. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures, in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, trade-related environmental measures, the General Agreement on Trade in Services, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA and examines their interrelationships with the GATT/WTO dispute rules and procedures. The Annexes include tables of past GATT/TWO dispute settlement proceedings, as well as the texts of the WTO's Dispute Settlement Understanding and of the Working Procedures adopted by the Appellate Body of the WTO.