The Limits of Litigation: 'Americanization' and Negotiation in the Settlement of WTO Disputes

21 Pages Posted: 7 Jan 2004

See all articles by Joost Pauwelyn

Joost Pauwelyn

Graduate Institute of International and Development Studies (IHEID); Georgetown University Law Centre

Abstract

This Article examines the extent to which World Trade Organization (WTO) dispute settlement is Americanized. It scrutinizes three features of the WTO mechanism for proof of Americanization: the right to a panel, the legalization of the panel process, and the bilateral and adversarial nature of the WTO dispute settlement system. Recognizing the many benefits linked to these three features, the Article then identifies some of the problems that have accompanied them. Finally, the Article suggests ways to remedy those problems focusing, in particular, on how trade disputes could be settled other than through bilateral state-to-state litigation. In that sense, the Article correlates Americanization to an increasing focus on litigation and explores ways by which different forms of negotiation could complement, or provide alternatives to, litigation in the effective resolution of modern trade disputes.

Keywords: dispute settlement, international trade, americanization, negotiation

Suggested Citation

Pauwelyn, Joost, The Limits of Litigation: 'Americanization' and Negotiation in the Settlement of WTO Disputes. Available at SSRN: https://ssrn.com/abstract=477590

Joost Pauwelyn (Contact Author)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, Geneva CH-1211
Switzerland

HOME PAGE: http://graduateinstitute.ch

Georgetown University Law Centre ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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