Dispute settlement and the WTO

James S. Jackson

Journal of International Economic Law · 1998 · 92 citations · 1 references

Concepts

Abstract

This article briefly examines the developing jurisprudence of the new WTO dispute settlement system as expressed in the Appellate reports of the first three and one-third years. It suggests some tentative generalizations about the Appellate Body approach, including a possible greater spirit of deference to national government regulatory decisions, to allow greater margins of leeway for those decisions than sometimes indicated in first-level panel reports or in later-year GATT panel reports. The author also notes some constitutional dangers of a tendency for the WTO diplomacy to rely too heavily on the dispute system to correct the many ambiguities and gaps in the new trading system Uruguay Round texts.

References

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