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Dispute Settlement and the WTO: Emerging Problems

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  • Jackson, John H

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. Copyright 1998 by Oxford University Press.

Suggested Citation

  • Jackson, John H, 1998. "Dispute Settlement and the WTO: Emerging Problems," Journal of International Economic Law, Oxford University Press, vol. 1(3), pages 329-351, September.
    • Handle: RePEc:oup:jieclw:v:1:y:1998:i:3:p:329-51
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    Cited by:

    1. Forere Malebakeng, 2013. "Revisiting African States Participation in the WTO Dispute Settlement through Intra-Africa RTA Dispute Settlement," The Law and Development Review, De Gruyter, vol. 6(2), pages 155-179, August.
    2. José Manuel Álvarez Zárate (Editor), 2016. "¿Hacia dónde va América Latina respecto al derecho económico internacional?," Books, Universidad Externado de Colombia, Facultad de Derecho, number 860, htpr_v3_i.
    3. Arvind PANAGARIYA, 2000. "The Millennium Round And Developing Countries: Negotiating Strategies And Areas Of Benefits," G-24 Discussion Papers 1, United Nations Conference on Trade and Development.
    4. Rezana Konomi & Dorina Gjipali & Ntastin Perola, 2023. "Effectiveness and legitimacy of Amicus Curiae submission before WTO judiciary organs," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 28, pages 110-120, July.
    5. Khan, Haider & Liu, Yibei, 2008. "Globalization and the WTO Dispute Settlement Mechanism: Making a Rules-based Trading Regime Work," MPRA Paper 7613, University Library of Munich, Germany, revised 2008.
    6. Julián Tole Martínez, 2014. "Solución de controversias en los TLC. Aportes del Derecho de la OMC," Books, Universidad Externado de Colombia, Facultad de Derecho, edition 1, volume 1, number 702, htpr_v3_i.

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