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Practical Aspects of WTO Litigation

Practical Aspects of WTO Litigation

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789041185969
  • 出版时间 July 2020
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,915.80

¥1,858.33 Save ¥57.47 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Practical Aspects of WTO Litigation is a complete, real-life account of World Trade Organization’s (WTO’s) dispute settlement procedures. This book explains and identifies the practices that are normally followed by disputing parties when using the WTO’s dispute settlement understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book is the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has hands-on experience in WTO litigation. Contributors identify the best practices and suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view.

    What’s in this book:
    Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: 

    • preparing for WTO litigation;
    • recognizing the importance of WTO consultations;
    • presenting a case before a panel;
    • panel requests and panel’s terms of reference;
    • the role and assistance of the WTO Secretariat;
    • the panel process;
    • rules of evidence;
    • confidentiality and transparency;
    • additional working procedures for the treatment of confidential information;
    • legal remedies to redeem a violation;
    • general considerations for appeal;
    • determining the reasonable period of time for compliance;
    • sequencing;
    • retaliation proceedings; and 
    • use of non-WTO international law.

    Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law.

    How this will help you:
    By confidently approaching cases and enhancing the understanding of the functioning of WTO dispute settlement mechanism with useful insights from experienced practitioners, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove to be of enormous value to all stakeholders in international trade. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices clarifying the scope of many procedural rules.

  • Introduction
    Marco Tulio Molina Tejeda

    CHAPTER 1
    Preparing for a WTO Dispute Settlement Resolution Proceeding: The Decision-Making Process
    Marco Tulio Molina Tejeda

    CHAPTER 2 
    More than Just ‘Checking the Box’: Recognizing the Importance of WTO Consultations
    Stephen Kho & Yujin McNamara

    CHAPTER 3 
    Good Offices, Conciliation and Mediation in WTO Dispute Settlement
    Alejandro Sánchez

    CHAPTER 4 
    Panel Requests and Panels’ Terms of Reference
    Mislav Mataija

    CHAPTER 5 
    The Role and Assistance of the WTO Secretariat in WTO Dispute Settlement Proceedings
    Tania Parcero Herrera & María J. Pereyra

    CHAPTER 6 
    ‘See You in Court’: The Panel Process
    Rambod Behboodi & Sandeep Ravikumar

    CHAPTER 7 
    Appellate Proceedings
    Ricardo Ramírez Hernández

    CHAPTER 8  
    General Considerations for Appeal
    Alan Yanovich

    CHAPTER 9 
    Determining the Reasonable Period of Time for Compliance
    Tatiana Yanguas

    CHAPTER 10 
    Sequencing
    Ian Medcalf

    CHAPTER 11 
    Legal Remedies and Effective Compliance
    Niall Meagher

    CHAPTER 12
    Adjudicating Implementation of Recommendations and Rulings of the DSB under Article 21.5 of the DSU
    Pablo M. Bentes

    CHAPTER 13 
    The Last Resort: WTO Retaliation Proceedings
    Brendan McGivern

    CHAPTER 14 
    “Post-Retaliation” Compliance Review: Removing the Authorization and the Retaliation
    Robert McDougall

    CHAPTER 15
    Preliminary Challenges and Rulings
    Isabelle Van Damme

    CHAPTER 16
    Evidence in WTO Dispute Settlement: From the Burden of Proof to Invisible Experts
    Katherine Connolly, Dominic Coppens, Todd Friedbacher & Nicolas Lockhart

    CHAPTER 17
    Presenting a Case Before a Panel or the Appellate Body
    Marisa Beth Goldstein & Iryna Polovets

    CHAPTER 18
    Confidentiality and Transparency in the WTO’s Party-Centric Dispute Settlement System
    Graham Cook

    CHAPTER 19
    Use of Non-WTO International Law in WTO Dispute Settlement
    Jan Bohanes & Panagiotis Kyriakou

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