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The Case for giving to Private Parties Access to the WTO Dispute Settlement System

The Case for giving to Private Parties Access to the WTO Dispute Settlement System 1. INTRODUCTION The new characteristics of the WTO dispute mechanism were established by elaborating on the existing GATT panels procedure rather than by establishing a new mechanism. Preservation in providing security and predictability to the multilateral trading system is aim of DSU.I The Dsu2 is an agreement annexed to the Agreement establishing the WTO applicable, in case of dispute, to all the agreements concluded in Marrakech as well as to the basic treaty establishing the WTO.3 Does the WTO use the Dsu to resolve disputes between individuals? The WTO uses the Dsu to resolve disputes between nations. Is it time for the WTO dispute system to be developed into a fully judicial system rather than being merely a dispute system trying to achieve a political governance of state disputes as currently functions? There was an attempt of legalization or judicial lifting of the dispute settlement system reflecting the difference in approach between GATT and WTO.4 Procedural security and an execution mechanism in order to make certain compliance with the rules characterize an indispensable complement to the agreed substantive provisions. Panels and the Appellate Body are subject matter to clearly-defined restrictions as to subject matters, type of rulings they http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

The Case for giving to Private Parties Access to the WTO Dispute Settlement System

Journal of World Investment and Trade , Volume 8 (3): 11 – Jan 1, 2007

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190007X00107
Publisher site
See Article on Publisher Site

Abstract

1. INTRODUCTION The new characteristics of the WTO dispute mechanism were established by elaborating on the existing GATT panels procedure rather than by establishing a new mechanism. Preservation in providing security and predictability to the multilateral trading system is aim of DSU.I The Dsu2 is an agreement annexed to the Agreement establishing the WTO applicable, in case of dispute, to all the agreements concluded in Marrakech as well as to the basic treaty establishing the WTO.3 Does the WTO use the Dsu to resolve disputes between individuals? The WTO uses the Dsu to resolve disputes between nations. Is it time for the WTO dispute system to be developed into a fully judicial system rather than being merely a dispute system trying to achieve a political governance of state disputes as currently functions? There was an attempt of legalization or judicial lifting of the dispute settlement system reflecting the difference in approach between GATT and WTO.4 Procedural security and an execution mechanism in order to make certain compliance with the rules characterize an indispensable complement to the agreed substantive provisions. Panels and the Appellate Body are subject matter to clearly-defined restrictions as to subject matters, type of rulings they

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2007

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