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Wto Litigation (en Inglés)
Jeffrey Waincymer (Autor)
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· Tapa Dura
Wto Litigation (en Inglés) - Jeffrey Waincymer
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Reseña del libro "Wto Litigation (en Inglés)"
In 1994, the member governments of the General Agreement on Tariffs and Trade (GATT) set aside the loosely-structured organization that had administered the GATT since it
began operations in 1948, and in its place they created a formal
international organization called the World Trade Organization
(WTO). 1 One of the most important features of the new WTO
was a new procedure for adjudicating legal disputes - in GATT/
WTO parlance, a "dispute settlement" procedure. Unlike the
relatively informal GATT dispute settlement procedure that preceded it, the new WTO2 procedure was set out in a detailed
agreement known as the "Understanding on Rules and Procedures Governing the Settlement of Disputes" (DSU). Although the DSU followed the basic elements of the earlier GATT procedure, it significantly expanded the procedure's legal powers.
The DSU gave governments an automatic right to bring their
legal complaints before a dispute settlement tribunal, it made
legal rulings by tribunals automatically binding upon the parties, it introduced appellate review, and it gave complaining parties an automatic right to impose retaliatory trade sanctions in
cases where the defendant government failed to comply with
legal rulings.
The creation of the new WTO dispute settlement procedure
was viewed as a signal event in international legal affairs - the
birth of an important new legal institution that seemed to have
unusually effective powers to regulate an important area of government economic policy. Because of the potential surrender of
sovereignty involved, the new adjudication procedure was understandably controversial. In recognition of that fact, governments were careful to limit their commitment by scheduling a
review of the entire procedure after just the first four years of its
operation. 3 It was a bold initiative. The world then stepped
back and waited to learn whether it would work.
This Article seeks to evaluate the operation of the new WTO
disputes procedure during its first three years of operation. The
essay is divided into three parts. Part I begins by describing the
foundations that had been laid for this new procedure by the
GATT dispute settlement procedure that came before it - foundations that were critical to its adoption and that will be an essential part of whatever success it has. Part II then presents a
quantitative analysis of the 98 "cases" that were brought during
the first 3.3 years of operation, seeking to measure the changes
in the nature of WTO litigation brought about by the new procedure. Part III concludes by examining a number of proposals for
change, both large and small, that governments are likely to
consider either in the formal "review" that the WTO began conducting in late 1998 or in the more distant future
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