- List of Figures
- List of Tables
- List of Abbreviations
- About the Contributors
- The Case For a Multilateral Trade Organization
- The Inconsistent Quartet: Free Trade Versus Competing Goals
- Trade Liberalization And Domestic Politics
- The International Trade Organization
- The Expanding Mandate Of The Gatt: The First Seven Rounds
- The Uruguay Round Negotiations and the Creation of the WTO
- The Role of the Director-General and the Secretariat
- Defining the Borders of the WTO Agenda
- Collective Agency, Systemic Consequences: Bargaining Coalitions in the WTO
- The Influence of the EU in the World Trade System
- The Role of the United States: A Multilevel Explanation For Decreased Support Over Time
- The Role of the Brics in the WTO: System-Supporters or Change Agents in Multilateral Trade?
- Least-Developed Countries In The WTO: Growing Voice
- Awkward Partners: NGOs And Social Movements At The WTO
- What Happened To The Influence Of Business? Corporations and Organized Labour In The WTO
- Trade In Manufactures And Agricultural Products: The Dangerous Link?
- Trade In Services In The WTO: From Marrakesh (1994), To Doha (2001), to… (?)
- Trade-Related Intellectual Property Rights
- Flexibilities, Rules, And Trade Remedies In The Gatt/WTO System
- Regulatory Measures
- The Trade Policy Review Mechanism
- Dispute Settlement Mechanism—Analysis And Problems
- The Dispute Settlement Mechanism At The WTO: The Appellate Body—Assessment And Problems
- WTO Judicial Interpretation
- The Dispute Settlement Mechanism: Ensuring Compliance?
- Persistent Deadlock In Multilateral Trade Negotiations: The Case Of Doha
- The Role Of Domestic Courts In The Implementation Of WTO Law: The Political Economy Of Separation Of Powers And Checks And Balances In International Trade Regulation
- Preferential Trading Arrangements
- New Trade Issues In Food, Agriculture, And Natural Resources
- Fairness In The WTO Trading System
- Labour Standards And Human Rights
- Trade And The Environment
- Proposals For WTO Reform: A Synthesis And Assessment
- The WTO And Institutional (In)Coherence In Global Economic Governance
Abstract and Keywords
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.
Mitsuo Matsushita is Professor Emeritus of Tokyo University and a former member of the WTO Appellate Body.
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