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This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis.By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO’s present predicament. Petros C. Mavroidis employs these findings to build a case for the urgent reform of the WTO dispute settlement system by virtue of its accomplishments. He then concludes with a proposal for a reinvigorated “Dispute Settlement Understanding 2.0”. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system. Its accessible evaluation of the rationale and practice of key provisions of the adjudication regime will also be of benefit to practicing attorneys.
Petros C. Mavroidis, Edwin B. Parker Professor of Foreign and Comparative Law, Columbia Law School, US
Contents: Introduction 1. Endless ordeal and no denouement 2. Adjudicating disputes at the WTO: a primer on the DSU 3. The actors, and their disputes 4. Consultations and the panel process 5. The process before the Appellate Body 6. The subject matter of disputes 7. The end of disputes 8. Suspension of concessions (retaliation) 9. The WTO judges 10. Dispute avoidance: specific trade concerns in the TBT and SPS agreements 11. The story that the numbers tell 12. The WTO DSU, a fixer-upper Bibliography Index
‘Thanks to The WTO Dispute Settlement System we now have a comprehensive account—a time capsule, if you will—of what that institution, with all of its warts, has accomplished. And we have a guidebook that scholars and policymakers can use to revive and improve it once the current storm passes.’
Aris Georgopoulos, Bernard Hoekman, Petros C. Mavroidis, Aris (Assistant Professor in European and Public Law at the School of Law of the University of Nottingham and Head of the Research Unit for Strategic and Defence Procurement of the Public Procurement Research Group) Georgopoulos, Centre for Economic Policy Research) Hoekman, Bernard (Professor, Robert Schuman Centre for Advanced Studies, the European University Institute and Research Fellow, University of Neuchatel) Mavroidis, Petros C. (Edwin B. Parker Professor of Law, Columbia Law School and Professor of Law
Mitsuo Matsushita, Thomas J. Schoenbaum, Petros C. Mavroidis, Michael Hahn, Tokyo University; former member of the WTO Appellate Body) Matsushita, Mitsuo (Professor Emeritus, University of Washington) Schoenbaum, Thomas J. (, Shefelman Professor of Law, New York City.) Mavroidis, Petros C. (, Edwin B. Parker Professor of Law at Columbia Law School, and Professor of Law at the University of Neuchatel (Switzerland), Professor of European and International Economic Law at the University of Bern (Institute of European and International Economic Law IEW & World Trade Institute WTI).) Hahn, Michael (
Petros Mavroidis, Petros C. Mavroidis, New York) Mavroidis, Petros C. (Edwin B. Parker Professor of Law, Edwin B. Parker Professor of Law, Columbia Law School
Kauffman Louis H, Louis H Kauffman, Sofia Lambropoulou, Slavik Vlado Jablan, Jozef H Przytycki, Usa) Kauffman, Louis H (Univ Of Illinois At Chicago, Greece) Lambropoulou, Sofia (National Technical Univ Of Athens, Serbia) Jablan, Slavik Vlado (Serbian Academy Of Sciences & Arts, Usa) Przytycki, Jozef H (George Washington Univ
Kyle W. Bagwell, George A. Bermann, Petros C. Mavroidis, California) Bagwell, Kyle W. (Stanford University, New York) Bermann, George A. (Columbia University, New York) Mavroidis, Petros C. (Columbia University