Book contents
- Frontmatter
- Contents
- Notes on contributors
- Preface
- Table of cases
- Abbreviations
- PART I Introduction and General Considerations
- PART II The WTO Dispute Settlement System: Its Processes and Its Institutions
- 3 The WTO dispute settlement system and its operation: a brief overview of the first ten years
- 4 The role of the Dispute Settlement Body in the dispute settlement process
- 5 Consultations and the panel process in the WTO dispute settlement system
- 6 Contingent trade remedies and WTO Dispute Settlement: some particularities
- 7 The making of the ‘World Trade Court’: the origins and development of the Appellate Body of the World Trade Organization
- 8 Special challenges at the appellate stage: a case study
- 9 The reasonable period of time for compliance with rulings and recommendations adopted by the WTO Dispute Settlement Body
- 10 Implementation of panel and Appellate Body rulings: an overview
- 11 A brief introduction to countermeasures in the WTO dispute settlement system
- PART III The WTO Dispute Settlement System: Systemic and Other Issues
- PART IV Annexes
6 - Contingent trade remedies and WTO Dispute Settlement: some particularities
from PART II - The WTO Dispute Settlement System: Its Processes and Its Institutions
Published online by Cambridge University Press: 04 August 2010
- Frontmatter
- Contents
- Notes on contributors
- Preface
- Table of cases
- Abbreviations
- PART I Introduction and General Considerations
- PART II The WTO Dispute Settlement System: Its Processes and Its Institutions
- 3 The WTO dispute settlement system and its operation: a brief overview of the first ten years
- 4 The role of the Dispute Settlement Body in the dispute settlement process
- 5 Consultations and the panel process in the WTO dispute settlement system
- 6 Contingent trade remedies and WTO Dispute Settlement: some particularities
- 7 The making of the ‘World Trade Court’: the origins and development of the Appellate Body of the World Trade Organization
- 8 Special challenges at the appellate stage: a case study
- 9 The reasonable period of time for compliance with rulings and recommendations adopted by the WTO Dispute Settlement Body
- 10 Implementation of panel and Appellate Body rulings: an overview
- 11 A brief introduction to countermeasures in the WTO dispute settlement system
- PART III The WTO Dispute Settlement System: Systemic and Other Issues
- PART IV Annexes
Summary
Introduction
A great deal of attention has been given in recent years to WTO dispute settlement in respect of contingent trade remedies. Although the majority of the disputes have involved, and much of the interest has focused on, anti-dumping, there have been numerous disputes relating to countervailing and safeguard measures as well. Given the widespread use of contingent trade remedies by numerous WTO Members, the attention given to their treatment in dispute settlement is unlikely to diminish in the near-term.
This chapter starts from the premise that contingent trade remedies are unusual in the WTO system, in that the relevant agreements assign to the Members the responsibility for conducting investigations to determine whether the conditions necessary in order to impose the measures in question are fulfilled. The paper examines the implications of this fact for WTO dispute settlement regarding contingent trade remedies in several contexts: the standard of review applied by panels and the Appellate Body; the factual basis on which dispute settlement is conducted; the treatment of confidential information gathered by Members' investigating authorities; the nature of the claims brought to and of the findings made by the dispute settlement system; and the possible implications in terms of implementation of any recommendations of the Dispute Settlement Body.
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- Chapter
- Information
- Key Issues in WTO Dispute SettlementThe First Ten Years, pp. 46 - 62Publisher: Cambridge University PressPrint publication year: 2005
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