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Dispute Settlement and the WTO: Emerging Problems

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  • Jackson, John H
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    Abstract

    This article briefly examines the developing jurisprudence of the new WTO dispute settlement system as expressed in the Appellate reports of the first three and one-third years. It suggests some tentative generalizations about the Appellate Body approach, including a possible greater spirit of deference to national government regulatory decisions, to allow greater margins of leeway for those decisions than sometimes indicated in first-level panel reports or in later-year GATT panel reports. The author also notes some constitutional dangers of a tendency for the WTO diplomacy to rely too heavily on the dispute system to correct the many ambiguities and gaps in the new trading system Uruguay Round texts. Copyright 1998 by 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): 1 (1998)
    Issue (Month): 3 (September)
    Pages: 329-51

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    Handle: RePEc:oup:jieclw:v:1:y:1998:i:3:p:329-51

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    Cited by:
    1. Arvind Panagariya, 2003. "The Millennium Round and Developing Countries: Negotiating Strategies and Areas of Benefits," International Trade 0308018, EconWPA.
    2. Khan, Haider & Liu, Yibei, 2008. "Globalization and the WTO Dispute Settlement Mechanism: Making a Rules-based Trading Regime Work," MPRA Paper 7613, University Library of Munich, Germany, revised 2008.

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