Has the WTO Dispute Settlement System Exceeded Its Authority?

36 Pages Posted: 20 Nov 2001  

William J. Davey

University of Illinois College of Law

Abstract

A systematic study of 38 adopted decision of the Appellate Body and Panels since the inception of the WTO Dispute Settlement System leads to the conclusion that the WTO Dispute Settlement System remains generally within the boundaries of its authority. With a few limited exceptions, the system has shown appropriate deference to legitimate policy decisions made by WTO Member Governments. Further, US and international law rules on techniques used to dispose of cases (or issues within cases) where a decision seem unnecessary or inappropriate could be used more frequently with regard to the timing of consideration of issues (mootness and ripeness) as well as the exercise of judicial economy.

Suggested Citation

Davey, William J., Has the WTO Dispute Settlement System Exceeded Its Authority?. Journal of International Economic Law, Vol. 79, 2001. Available at SSRN: https://ssrn.com/abstract=289249 or http://dx.doi.org/10.2139/ssrn.289249

William J. Davey (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-0104 (Phone)
217-244-1478 (Fax)

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