6 October 2005

Key Issues in WTO Dispute Settlement

The First Ten Years

Key Issues in Dispute Settlement is a unique view of the operation and evolution of the WTO dispute settlement system by WTO Secretariat professionals and outside experts, covering the first ten years of the WTO. Each chapter is based on the individual author's personal experience with, or study of, the system. The book provides insights into how the system has operated in practice since 1995.


Table of contents

Notes on contributors
Table of cases

Part I — Introduction and General Considerations

1   The power of the WTO dispute settlement system
Rufus Yerxa

2   The WTO dispute settlement and general international law
Georges Abi-Saab

Part II — The WTO Dispute Settlement System: Its Processes and Its Institutions

3   The WTO dispute settlement system and its operation: a brief overview of the first ten years
Bruce Wilson

4   The role of the Dispute Settlement Body in the dispute settlement process
Bozena Mueller-Holyst

5   Consultations and the panel process in the WTO dispute settlement system
Gabrielle Marceau

6   Contingent trade remedies and WTO dispute settlement: some particularities
Jesse Kreier

7   The making of the ‘World Trade Court’: the origins and development of the Appellate Body of the World Trade Organization
Peter Van den Bossche

8   Special challenges at the appellate stage: a case study
Valerie Hughes

9   The reasonable period of time for compliance with the rulings and recommendations adopted by the WTO Dispute Settlement Body
Werner Zdouc

10   Implementation of panel and Appellate Body rulings: an overview
Brendan McGivern

11   A brief introduction to countermeasures in the WTO dispute settlement system
Yves Renouf

Part III — The WTO Dispute Settlement System: Systemic and Other Issues

12   The role of lawyers in the WTO dispute settlement system
Giorgio Sacerdoti

13   Jurisdiction in WTO dispute settlement
Joel Trachtman

14   Due process in WTO disputes
Andrew Mitchell

15   Standards of review in WTO panel proceedings
Matthias Oesch

16   Administration of evidence in WTO dispute settlement proceedings
Scott Andersen

17   Confidentiality issues under the DSU: fact-finding process versus confidentiality
Olivier Prost

18   Panels’ consultations with scientific experts
Mireille Cossy

19   Amicus curiae participation in WTO dispute settlement: reflections on the past decade
James Durling and David Hardin

20   Suspension of concessions and retaliation under the Agreement on Safeguards: the recent US — Steel Safeguards case
Raimund Raith

21   Compliance with WTO dispute settlement decisions: is there a crisis?
John Magnus

22   DSU review: a view from the inside
David Evans and Celso de Tarso Pereira

Part IV Annexes

Annexes I–V
Selected statistics: the first ten years of the WTO

This report  may be purchased from the WTO Bookshop or through the WTO online bookshop.