- 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
The World Trade Organization (WTO) dispute settlement system has generally been viewed as a success. This article discuses the question of whether the system is appropriately constrained given the context in which it operates. The article examines various issues. Firstly, the right mix of judicial and non-judicial approaches to dispute settlement by the WTO. Secondly, the way the system resolves disputes over ambiguous treaty language. It proceeds further with a discussion of handling controversial cases that involve issues of great importance to sovereign States. Finally, it deals with the proper functioning of the WTO with an activist dispute settlement system and a weak norm-setting mechanism. This article concludes that the WTO dispute settlement system has an effective mix of judicial and non-judicial approaches to dispute settlement and is able to handle controversial cases.
William Davey is Guy Raymond Jones Chair in Law, University of Illinois College of Law. Former Director of the WTO's Legal Affairs Division from 1995–1999.
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