Article

The Dispute Settlement Mechanism At The WTO: The Appellate Body—Assessment And Problems

Mitsuo Matsushita

in The Oxford Handbook on The World Trade Organization

Published in print May 2012 | ISBN: 9780199586103
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199586103.013.0024

Series: Oxford Handbooks in Politics & International Relations

 The Dispute Settlement Mechanism At The WTO: The Appellate Body—Assessment And Problems

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The World Trade Organization (WTO) dispute settlement mechanism has taken great strides towards establishing the rule of law in international trade, that is, a rule-oriented international trading system. In the old dispute settlement system under the General Agreement on Tariffs and Trade (GATT) 1947, which preceded the present dispute settlement system, the contracting parties established panels to resolve trade disputes when they arose among Contracting Parties regarding the interpretation and application of rules of the GATT 1947. This article looks at the role of the Appellate Body in the WTO, and provides an overview of the major principles of WTO jurisprudence that have been established by the Appellate Body. It also considers two sets of critique: for some the Appellate Body has been too literal in its interpretations; whereas, for others, the Appellate Body has overstepped its mandate by going beyond interpretation and into rule making.

Keywords: Trade Organization; dispute settlement mechanism; rule of law; international trade; Tariffs and Trade; contracting parties; trade disputes; Appellate Body; jurisprudence; rule-making

Article.  13132 words. 

Subjects: Politics ; International Relations ; Political Economy ; Politics and Law

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