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2 - Jurisdiction

Published online by Cambridge University Press:  27 January 2022

David Palmeter ,
Petros C. Mavroidis  and
Niall Meagher
David Palmeter
Affiliation:
Sidley Austin LLP
Petros C. Mavroidis
Affiliation:
Columbia University, New York
Niall Meagher
Affiliation:
Advisory Centre on WTO Law (ACWL)
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Summary

This chapter addresses the jurisdiction of the WTO dispute settlement system and examines the terms of reference of WTO panels. It discusses the jurisdiction ratione materiae and the jurisdiction ratione personae of WTO panels, including the concepts of the “measure” and “legal claims” that may be brought before WTO panels. The chapter examines how the concept of standing (locus standi) is applied in WTO dispute settlement. It also discusses the process for reviewing disputed issues regarding the jurisdiction/terms of reference of a panel. The chapter also discusses arbitration in the WTO dispute settlement system.

Keywords

JurisdictionTerms of Reference“measures”legal claimsstandingreview of jurisdictional claims
Type
Chapter
Information
Dispute Settlement in the World Trade Organization
Practice and Procedure
 , pp. 40 - 85
Publisher: Cambridge University Press
Print publication year: 2022

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