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International Adjudication on TrialThe Effectiveness of the WTO Dispute Settlement System$
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Sivan Shlomo Agon

Print publication date: 2019

Print ISBN-13: 9780198788966

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780198788966.001.0001

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Goals in Context

Goals in Context

The Evolution, Structure, and Nature of the WTO Dispute Settlement System

Chapter:
(p.50) 2 Goals in Context
Source:
International Adjudication on Trial
Author(s):

Sivan Shlomo Agon

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198788966.003.0003

Under the goal-based approach advanced in the book, a methodical and comprehensive investigation into the effectiveness of the World Trade Organization (WTO) Dispute Settlement System (DSS) ought to start from a fundamental question: what are the goals (i.e. the desired outcomes) this system is to generate? With a view to establishing the relevant context for identifying and analysing these goals, the chapter provides a brief overview of the origins and evolution of the WTO DSS. It also describes the system’s current design and procedures. The chapter closes with some reflections on the hybrid legal/diplomatic, bilateral/multilateral character of the WTO DSS, reflected in the system’s structure and procedures as well as in its goals. This dual character, as illustrated later in the book, nurtures many of the shifts, conflicts, and subsequent trade-offs exhibited between the system’s goals throughout its operations.

Keywords:   GATT DSS, Uruguay Round of multilateral trade negotiations, WTO, WTO DSS, power-oriented dispute settlement, rule-based dispute settlement

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