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Home arrow Research Projects arrow IP11 - Investment arrow NCCR Publications arrow Essays on the Future of the World Trade Organization (Volume 2) - The WTO Judicial System
Essays on the Future of the World Trade Organization (Volume 2) - The WTO Judicial System Print
Chaisse Julien and Balmelli Tiziano, Essays on the Future of the World Trade Organization (Volume 2) - The WTO Judicial System: Contributions and Challenges, (Geneva: Editions Interuniversitaires Suisses, 2008) 384.

Abstract


The World Trade Organization has aroused interest and raised controversial questions. It attracts the attention both of champions of globalization and apologists for sovereignty and the nation state. The debate has triggered much discussion. It relates to a multiplicity of disciplines (including economics, international law, sociology, political science and philosophy). The present book, consisting of two volumes, seeks to offer its readers targeted analyses of key issues of the WTO system which constitute the core of the Doha Round. Remaining true to its dynamic character, the scope of WTO law will be even wider after the completion of the Doha Round of negotiations. The present book, consisting of two volumes, seeks to offer its readers targeted analyses of key issues of the WTO system which constitute the core of the Doha Round. Volume 2 deals with the WTO judicial system. By interpreting WTO agreements, the latter maintains the consistency of WTO law and contributes significantly to its progress within the international legal order. Negotiating the review of the WTO Dispute Settlement Agreement being a key issue, several chapters of Volume 2 analyze current problems and discuss likely future prospects. There are also some proposals for reforms and they certainly deserve to be considered in present and future negotiations.


Contents

MARION PANIZZON
Good Faith, Fairness and Due Process in WTO Dispute Settlement Practice: Overcoming the Positivism of International Trade Law (pp. 1-54)

YENKONG NGANGJOH HODU
The Universe of State Responsibility in the WTO Dispute Settlement System (pp. 55-90)

LUKASZ GRUSZCZYNSKI
SPS Measures Adopted in Case of Insufficiency of Scientific Evidence (pp. 91-140)

PANAGIOTIS DELIMATSIS / PAULINE LIEVRE
La convergence des critères d'examen dans le cadre du GATT et de l'AGCS:
Les notions de restrictions et de limitations quantitatives, et l'utilisation des moyens de défense affirmatifs (pp. 141-188)


RAVINDRA PRATAP
Reforming the DSU: An Indian View (pp. 189-212)

MARC IYNEDJIAN
Repeal of the WTO Appeal Process? (pp. 213-244)

ALBERTO ALEMANNO
Private Parties and WTO Dispute Settlement System (pp. 245-282)

HENRI CULOT
Une injustice des sanctions de l'OMC (pp. 283-308)

ADEBUKOLA A. ELESO
WTO Dispute Settlement Remedies: Monetary Compensation as an Alternative for Developing Countries (pp. 309-342)


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