Abstract

The popularity and success of the World Trade Organization dispute settlement system has amazed both scholars and practitioners. The WTO Dispute Settlement Understanding (DSU) came into force in 1995, as the evolution of the old GATT dispute resolution system (Hudec 1991). The DSU regulates the claims on infringements made by parties to a number of treaties regulating trade (WTO Agreements). It establishes a classical international jurisdiction, where only states are allowed to be parties, even though a limited participation for private entities, notably NGO’s, has been gradually admitted (Bossche 2008). The WTO Dispute Settlement System comprises a range of remedies including consultations (ie negotiation), mediation, litigation and arbitration1. A “Panel” and “Appellate Body” are respectively the first degree and the appeal instances for cases brought to adjudication.

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