Chapter

Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives

GEORGE A. BERMANN

in Transatlantic Economic Disputes

Published in print December 2003 | ISBN: 9780199261727
Published online March 2012 | e-ISBN: 9780191698774 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199261727.003.0024

Series: International Economic Law Series

Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives

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The concrete case studies and general policy analyses that were the subject of inquiry in the conferences culminating in the present volume have predictably generated a series of distinctly legal – as well as political – reflections on dispute prevention and dispute settlement in the transatlantic arena. One of the merits of the dual (concrete and abstract) approach that has been adopted for these conferences is its capacity to provide a check against the risks that would result either from divorcing this study from the realities of disputes or from relying exclusively on potentially idiosyncratic dispute scenarios. The recommendations to emerge that are most important from a legal perspective are the following: monitoring and improving transatlantic regulatory co-operation processes, intermediate direct effect of WTO obligations, a ‘restatement’ of WTO law, and the problem of WTO ‘interface’ with other international institutions.

Keywords: trade disputes; dispute settlement; dispute resolution; dispute prevention

Chapter.  1259 words. 

Subjects: Public International Law

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