Overview

"The WTO's dispute settlement system has been referred to as the crown jewel of the WTO. After more than twenty years of its existence this book performs a 'health check' by providing an in-depth analysis of key issues of the dispute settlement system. The book collects and updates papers by a host of experts that were presented at an international conference organized by the College of Europe in Bruges. The fundamental question whether the system is in good shape or whether changes are necessary is addressed through five themes. Firstly, the book starts out by addressing the interpretive function of the dispute settlement system and questions whether rulings are capable of ""gap-filling"". Secondly, under the heading jurisdiction and applicable law, the book covers the thorny issue on how public international law can be integrated into the system. Thirdly, the book deals with the many problems concerning implementation, particularly whether the system ensures a satisfactory compliance with its rules and rulings or whether financial remedies need to be added. Through themes four and five the book compares the WTO dispute settlement system with the dispute settlement system contained in Free Trade Agreements as well as the investor-state arbitration system (ISDS). The book inquires whether and how the different systems can influence each other and can learn from one another. For example, with respect to the reform debate on ISDS the point was made whether the WTO dispute settlement system could be considered as an example for such a reform. The 'health-check' comes to the conclusion that the system as such is functioning reasonably well. For the existing defects cures are suggested in order to make the system healthier."

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9782807602878

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The editors and contributors come from a wide cross-section of practitioners and academics having broad experience with WTO dispute settlement and investment arbitration.

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