5 Dispute settlement
-
Asif H. Qureshi
Abstract
The dispute settlement framework is described in the Understanding on Rules and Procedures Governing the Settlement of Disputes (the Understanding). The primacy and significance of the institutional framework under the Understanding is reinforced by the edict to members that they are not to make determinations of violations under the World Trade Organization (WTO) code, except through recourse to the mechanisms under the Understanding. A Dispute Settlement Body (DSB) has been established to administer the rules and procedures under the Understanding. The jurisdiction of the DSB, under the institutional framework of the WTO, extends to the whole of the WTO code. Thus the remit of the DSB includes trade in goods, services and intellectual property rights, and is generally coterminous with the GATT 1994.
Abstract
The dispute settlement framework is described in the Understanding on Rules and Procedures Governing the Settlement of Disputes (the Understanding). The primacy and significance of the institutional framework under the Understanding is reinforced by the edict to members that they are not to make determinations of violations under the World Trade Organization (WTO) code, except through recourse to the mechanisms under the Understanding. A Dispute Settlement Body (DSB) has been established to administer the rules and procedures under the Understanding. The jurisdiction of the DSB, under the institutional framework of the WTO, extends to the whole of the WTO code. Thus the remit of the DSB includes trade in goods, services and intellectual property rights, and is generally coterminous with the GATT 1994.
Kapitel in diesem Buch
- Front Matter i
- Contents v
- Series editor’s foreword vi
- Foreword vii
- Preface viii
- Acknowledgements x
- Abbreviations xi
- I The framework of the international trading system 1
- 1 Institutional aspects of the World Trade Organization 3
- 2 The WTO code 8
- II Implementing international trade norms – generally 47
- 3 Techniques of implementation – theory 49
- 4 Implementing the WTO code – generally 65
- 5 Dispute settlement 97
- 6 The Trade Policy Review Mechanism 108
- 7 Pre-conditions 126
- III Implementing international trade norms – specifically 135
- 8 Developing countries 137
- 9 Trade ‘blocs’ 148
- 10 The European Communities 164
- IV Appendix 193
- Selected extracts from The Final Act Embodying the Results of the Uruguay Round of Trade Negotiations; Marrakesh Agreement Establishing the WTO; GATT 1994; GATS; Understanding on Rules and Procedures Governing the Settlement of Disputes 196
- Select bibliography 248
- Index 252
Kapitel in diesem Buch
- Front Matter i
- Contents v
- Series editor’s foreword vi
- Foreword vii
- Preface viii
- Acknowledgements x
- Abbreviations xi
- I The framework of the international trading system 1
- 1 Institutional aspects of the World Trade Organization 3
- 2 The WTO code 8
- II Implementing international trade norms – generally 47
- 3 Techniques of implementation – theory 49
- 4 Implementing the WTO code – generally 65
- 5 Dispute settlement 97
- 6 The Trade Policy Review Mechanism 108
- 7 Pre-conditions 126
- III Implementing international trade norms – specifically 135
- 8 Developing countries 137
- 9 Trade ‘blocs’ 148
- 10 The European Communities 164
- IV Appendix 193
- Selected extracts from The Final Act Embodying the Results of the Uruguay Round of Trade Negotiations; Marrakesh Agreement Establishing the WTO; GATT 1994; GATS; Understanding on Rules and Procedures Governing the Settlement of Disputes 196
- Select bibliography 248
- Index 252
