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Full-Text Articles in Law
Balancing Judicial Economy, State Opportunism, And Due Process Concerns In The Wto, Ana Frischtak
Balancing Judicial Economy, State Opportunism, And Due Process Concerns In The Wto, Ana Frischtak
Michigan Journal of International Law
This Note will focus on an aspect of the dispute settlement proceeding that has not been officially proposed for reform: the withdrawal of and amendments to measures being challenged by a complaining Member during the course of the proceedings. This aspect raises issues of judicial economy, state opportunism, and due process. In particular, this practice, where the respondent country to a dispute withdraws or amends the measure being challenged during the course of proceedings, threatens to undermine the legitimacy of the dispute settlement system as a fair and transparent adjudicating body.
The Varied Policies Of International Juridical Bodies- Reflections On Theory And Practice, John H. Jackson
The Varied Policies Of International Juridical Bodies- Reflections On Theory And Practice, John H. Jackson
Michigan Journal of International Law
It can be seen that "fragmentation" can have several dimensions, and that the difference between juridical approaches as well as legislative approaches to treaty or other norm stating documents can result not only from different institutional settings, but also from different policy goals assumed for differing dispute settlement systems.
Reply To Joshua Meltzer, Joost Pauwelyn
Reply To Joshua Meltzer, Joost Pauwelyn
Michigan Journal of International Law
A reply to Joshua Meltzer's comment on the author's paper Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Michigan Journal of International Law
Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii
Michigan Journal of International Law
This article deals with the working-level dispute-settlement apparatus of the World Trade Organization ("WTO"). In particular, it discusses the work of the Appellate Body and, functioning below it, panels established by the WTO to conduct proceedings in individual cases. It focuses on the relationship between the Appellate Body and panels, and on the responsibilities of the Appellate Body in the context of that relationship.
The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn
The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn
Michigan Journal of International Law
Review of International Trade Law and the GATT/WTO Dispute Settlement System by Ernst-Ulrich Petersmann
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Michigan Journal of International Law
This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …
Of Substantial Interest: Third Parties Under Gatt, Chi Carmody
Of Substantial Interest: Third Parties Under Gatt, Chi Carmody
Michigan Journal of International Law
This article's examination of the status of third parties under GATT is important for several reasons, one of which is the proliferation of third party participation as demonstrated by Bananas III. A second reason for its importance is that there has been little written about third parties under GATT. This neglect stands in sharp contrast to ample literature on the related subject of greater public participation in the WTO. The oversight could be a function of GATT dispute resolution, which did not always enjoy the level of public attention it garners today. Until recently the GATT system handled no …
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Michigan Journal of International Law
Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …
The World Trade Organization: A New Legal Order For World Trade?, Thomas J. Dillon Jr.
The World Trade Organization: A New Legal Order For World Trade?, Thomas J. Dillon Jr.
Michigan Journal of International Law
This article will describe in some detail the most dramatic modifications within the framework of the multilateral trading system designed to support the projected trade expansion, namely, the new organizational structure under the WTO and the new dispute settlement procedures. The article will evaluate these changes against the backdrop of the Bretton Woods System as originally conceived and will highlight the debate surrounding whether the nature of the trade regulating body ought to be adjudicatory or negotiatory. Finally, the author offers conclusions, perspectives, and comments regarding the future development of the world trading system.