Has the WTO dispute settlement system exceeded its authority? A consideration of deference shown by the system to member government decisions and its use of issue-avoidance techniques

Research output: Contribution to journalArticle

Abstract

A systematic study of 38 adopted decisions of the Appellate Body and Panels since the inception of the WTO Dispute Settlement System leads to the conclusion that the WTO Dispute Settlement System remains generally within the boundaries of its authority. With a few limited exceptions, the system has shown sufficient deference to legitimate policy decisions made by WTO Member Governments. Further, US and international law rules on techniques used to dispose of cases (or issues within cases) where a decision seems unnecessary or inappropriate could be used more frequently with regard to the timing of consideration of issues (mootness and ripeness) as well as the exercise of judicial economy.

Original languageEnglish (US)
Pages (from-to)79-110
Number of pages32
JournalJournal of International Economic Law
Volume4
Issue number1
DOIs
StatePublished - Mar 1 2001
Externally publishedYes

ASJC Scopus subject areas

  • Economics, Econometrics and Finance (miscellaneous)
  • Law

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