9. Valerie Hughes—The Light behind the Bushel of the Appellate Body of the WTO

Chapters in this book

1. Frontmatter i
2. Table of Contents v
3. Foreword xi
4. Acknowledgements xvii
5. 1. Introduction: Taking Stock of the World Trade Organization and Its Dispute Settlement System at 30 1
6. Part I: Reckoning—The Origins, Functioning and Crisis of WTO Dispute Settlement
7. Building Domestic Capacity for WTO Dispute Settlement—The Canadian Experience
8. 2. From Public International Law to International Economic Law: Valerie Hughes and the Development of International Trade Law Expertise in Canada 23
9. 3. Developing a Government Trade Law Office: Canada, the Trade Law Bureau, and Valerie Hughes 32
10. The Work of the Legal Affairs Division
11. 4. The Appointment of WTO Adjudicators: Rules and Evolving Practices 46
12. 5. Continuity and Renewal: Nurturing WTO Legal Talent Through Internships at the Legal Affairs Division 62
13. 6. Bringing WTO Dispute Settlement into the Twenty-First Century: Modernizing the Administration of Disputes to Better Serve Members 79
14. 7. The Role of the Secretariat in WTO Dispute Settlement: Lessons from Other Adjudicatory Bodies 88
15. Reflections on the Appellate Body
16. 8. Building the Appellate Body: Lessons from the US Archives for Today’s Dispute Settlement Crisis 112
17. 9. Valerie Hughes—The Light behind the Bushel of the Appellate Body of the WTO 129
18. WTO Dispute Settlement and Developing Countries
19. 10. Some Developing Countries Are More Equal Than Others: The Enduring Challenge of Making Trade Dispute Settlement Work for All 136
20. 11. China’s Experience in WTO Dispute Settlement: Lessons for Developing Countries 148
21. Specific Topics in WTO Dispute Settlement
22. 12. The Past, Present, and Future of Energy Disputes in the WTO 161
23. 13. WTO Disputes on Trade and Environment: Contributions of the Multilateral Trading System to Effective Environmental Protection Policies 190
24. 14. Where Angels Fear to Tread: The General Standard of Review in WTO Law 211
25. 15. Not So Member-Driven After All: The GATT-Era Origins of the WTO’s System of Remedies 229
26. Broader Reflections on WTO Dispute Settlement
27. 16. Thirty Years of Trade Concerns at the Goods Council: How Do They Relate to Disputes under the DSU? 242
28. 17. Women in WTO Dispute Settlement: The Role of Individuals as Catalysts for Gender Inclusion 277
29. 18. WTO Dispute Settlement 1.0 and the Intricate Cycle of Governance 302
30. 19. Reflections on WTO Dispute Settlement as an International Dispute Settlement Mechanism 323
31. 20. Panel and Appellate Body Report Adoption at Any Cost: Is Perfect the Enemy of Good? 341
32. Part II: Renewal—New Directions in Trade Dispute Settlement
33. The Turn to FTA Dispute Settlement
34. 21. The Qualified Success of State-to-State Dispute Settlement under USMCA To Date 365
35. 22. Public Participation in FTA Disputes 387
36. 23. The Role of WTO Jurisprudence in FTA Dispute Settlement 399
37. 24. Beyond the Shores of Lake Geneva: Does the WTO Secretariat Have a Role to Play in PTA Dispute Settlement? 417
38. The Turn to Arbitration and Dispute Settlement Reform
39. 25. From the Alabama to Airbus: A Note on the Evolution of International Arbitration in Geneva 431
40. 26. Arbitration in WTO Dispute Settlement: The Magic Toolbox of the System 450
41. 27. The Multi-Party Interim Appeal Arbitration Arrangement and the MPIA Drafters’ Attempt to Improve on the Traditional Appellate Review Process 470
42. 28. The Dispute Settlement Reform Discussions—A New Approach 490
43. Part III: Renewal—The Rulemaking Dimension
44. 29. An Immediate Role for the WTO in Fighting the Climate Crisis? 521
45. 30. Emerging into the Light: Fossil Fuel Subsidies at the WTO 539
46. 31. #TradeForWomen: A Quest for Mainstreaming Gender Considerations in WTO Agreements 557
47. 32. The End of the “Single Undertaking” in WTO Negotiations 585
48. Part IV: Concluding Reflections
49. 33. Reforming the WTO’s Dispute Settlement System—Putting the Cart before the Horse 597
50. 34. Valerie Hughes as a Model and as a Leader 610
51. Notes on Contributors 613