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Implementation in WTO Dispute Settlement: An Introduction to the Problems and Possible Solutions

23 Pages Posted: 1 Dec 2005  

William J. Davey

University of Illinois College of Law

Date Written: November 30, 2005

Abstract

This paper assesses the effectiveness of the dispute settlement system of the World Trade Organization (WTO) in terms of its implementation record. It evaluates whether WTO members promptly take the actions required to bring themselves into compliance with their WTO obligations, as those obligations have been defined or clarified in the dispute settlement reports issued by WTO panels and the Appellate Body. The paper first outlines briefly the operation of the WTO dispute settlement system, with particular emphasis on the overall time taken by the various stages. It then considers the implementation record for disputes brought under the WTO - both overall and on a member-by-member and agreement-by-agreement basis, with consideration of the types of disputes that have proved to be problematic. It concludes with some thoughts on how the implementation record might be improved. (A Japanese translation of this paper has been published in 2005 by the Research Institute of Economy, Trade and Industry.)

Suggested Citation

Davey, William J., Implementation in WTO Dispute Settlement: An Introduction to the Problems and Possible Solutions (November 30, 2005). Illinois Public Law Research Paper No. 05-16. Available at SSRN: https://ssrn.com/abstract=862786 or http://dx.doi.org/10.2139/ssrn.862786

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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