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10 - Reform of the WTO dispute settlement system: what to expect from the Doha Development Round?

from PART II - Insights into the World Trade Organization

Published online by Cambridge University Press:  29 July 2009

Peter Van Den Bossche
Affiliation:
Professor of International Economic Law Maastricht University Netherlands
Steve Charnovitz
Affiliation:
George Washington University, Washington DC
Debra P. Steger
Affiliation:
University of Ottawa
Peter Van den Bossche
Affiliation:
Universiteit Maastricht, Netherlands
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Summary

Introduction

The WTO dispute settlement system has been operational for almost nine years now. In that period it has arguably been the most prolific of all state-to-state dispute settlement systems. Since 1 January 1995, 302 disputes have been brought to the WTO system for resolution. That is more than were brought to the GATT, the WTO's predecessor, in the forty-seven years between 1948 and 1995. In almost one-quarter of the disputes brought to the WTO system, the parties were able to reach an amicable solution through consultations, or the dispute was resolved otherwise without recourse to adjudication. In other disputes, parties have resorted to adjudication and, to date, such adjudication procedures have been completed in more than seventy-three disputes.

Some of the disputes dealt with by the WTO dispute settlement system have triggered considerable controversy and public debate and have attracted much media attention. This has been the case, for example, for disputes on national legislation or other measures for the protection of public health or the environment, such as:

  • the EC – Hormones dispute on the European Union's import ban on meat from cattle treated with growth hormones;

  • the US – Shrimp dispute on the American import ban on shrimp harvested with nets that killed sea turtles;

  • the EC – Asbestos dispute on a French ban on asbestos and asbestos-containing products;

  • […]

Type
Chapter
Information
Law in the Service of Human Dignity
Essays in Honour of Florentino Feliciano
, pp. 103 - 126
Publisher: Cambridge University Press
Print publication year: 2005

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