Wto Dispute Settlement: A Check-Up Contributor(s): Brown, Colin (Contribution by), Hoekman, Bernard (Contribution by), Hoven, Adrian (Contribution by) |
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ISBN: 2807602878 ISBN-13: 9782807602878 Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques OUR PRICE: $58.95 Product Type: Paperback - Other Formats Published: June 2017 |
Additional Information |
BISAC Categories: - Law | Business & Financial |
Series: Cahiers Du Collège D'Europe / College Of Europe Studies |
Physical Information: 0.4" H x 8.6" W x 5.9" (0.45 lbs) 170 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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 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. |