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'Reasonable Period of Time' in the WTO Dispute Settlement System

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  • MA Qian
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    Abstract

    This article provides a detailed examination of the problems existing in the determination of the reasonable period of time (RPT) in the World Trade Organization (WTO) dispute settlement system. It begins with a brief discussion on how the RPT is determined, both from the provisions of the Dispute Settlement Understanding (DSU) and from the WTO cases. Then, it analyzes various problems relevant to the RPT determination. What follows is an evaluation of the relevant reform proposals made by some WTO Members, on the basis of which the author puts forward his own suggestions. In particular, this article suggests that the current notification system be reformed to reduce the 'black case work', and that an interim relief system be introduced into the DSU. The author believes that only with the perfection of the retaliatory mechanism of the WTO dispute settlement system can the RPT mechanism best play its role of ensuring prompt compliance. Oxford University Press 2012, all rights reserved, Oxford University Press.

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    Bibliographic Info

    Article provided by Oxford University Press in its journal Journal of International Economic Law.

    Volume (Year): 15 (2012)
    Issue (Month): 1 (March)
    Pages: 257-285

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    Handle: RePEc:oup:jieclw:v:15:y:2012:i:1:p:257-285

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