- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
This article discusses the underlying principles of the World Trade Organization (WTO) dispute settlement system, which has its origins in Articles XXII and XXIII GATT 1947. The general agreement on tariffs and trade (GATT) dispute settlement system remained essentially a diplomatic rather than legal exercise. WTO dispute settlement is founded on certain underlying principles set out in Settlement of Disputes (DSU). This article further discusses ongoing possible improvements and clarifications to the DSU. It explains the role of various bodies under WTO and discusses the Director-General (DG), Dispute Settlement Body (DSB), Appellate Body, WTO Secretariat, and Appellate Body Secretariat. Finally, it mentions that there is room for improvement and WTO Members continue to work towards a dispute settlement system. The panel process currently is conducted largely on a confidential basis; parties' written submissions are confidential unless the parties choose to make them public and hearings are almost always held behind closed doors.
Valerie Hughes, Department of Justice, Government of Canada, formerly Director WTO Appellate Body Secretariat.
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