1. THE WTO DISPUTE SETTLEMENT SYSTEM: HOW, WHY AND WHERE?
- Author
-
Yueming Yan
- Abstract
Petros C. Mavroidis' book tells a unique story of the World Trade Organization (hereinafter "WTO")'s dispute resolution practices since 1995. He focuses on a more numerical and visualized picture of the WTO dispute adjudication world by unveiling important numbers, figures, trends, and preferences "hidden" in real disputes between WTO Members. A comprehensive examination of the questions of "what" disputes were resolved, "who" resolved them, and "how" are they resolved enables the reader to better understand "where" the world trading (dispute resolution) system is/should be standing. Mavroidis argues that the WTO's Dispute Settlement Understanding (hereinafter "DSU") of the current design has been excessively compartmentalized, and the justice has been seriously delayed. Benefiting from the empirical results, he advances a new version of the DSU, that is the DSU 2.0, to meet the actual needs and expectations of WTO Members and the international trading community in establishing an effective dispute resolution mechanism within the WTO. More specifically, he proposes that the DSU 2.0 should repudiate the Appellate Body mechanism and improve to a one-instance WTO court with an enhanced engagement of the WTO at the consultation stage. [ABSTRACT FROM AUTHOR]
- Published
- 2022