WTO Dispute Settlement: Emerging Practice and Procedure in Decisions of the Appellate Body - Chapter 6

DUE PROCESS IN WTO DISPUTE SETTLEMENT, J. Cameron and K. Campbell (eds), Cameron May 2000, pp 119-140.

22 Pages Posted: 4 Mar 2013

See all articles by Debra P. Steger

Debra P. Steger

University of Ottawa - Common Law Section

Simon Lester

Cato Institute

Date Written: March 25, 2000

Abstract

Since its establishment in 1995, the WTO Appellate Body has made numerous rulings on key procedural and systemic issues relating to WTO dispute settlement. These rulings have created a body of jurisprudence on international law, practice and procedural issues, such as treaty interpretation, burden of proof, standard of review and status of previous GATT panel reports. This early jurisprudence has contributed significantly to the security and predictablity of the multilateral trading system, preserving the rights and obligations of members under the WTO Agreement and clarifying its provisions. This article describes the early practice and procedural rulings of the Appellate Body and demonstrates how they were important in building a fair dispute settlement system based on the rule of law.

Keywords: WTO, Appellate Body, dispute settlement, international arbitration, procedure

JEL Classification: F1, F4, K1, K3, K33

Suggested Citation

Steger, Debra P. and Lester, Simon, WTO Dispute Settlement: Emerging Practice and Procedure in Decisions of the Appellate Body - Chapter 6 (March 25, 2000). DUE PROCESS IN WTO DISPUTE SETTLEMENT, J. Cameron and K. Campbell (eds), Cameron May 2000, pp 119-140.. Available at SSRN: https://ssrn.com/abstract=2226027

Debra P. Steger (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Simon Lester

Cato Institute ( email )

1000 Massachusetts Avenue, N.W.
Washington, DC 20001-5403
United States

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