Trade and Competition Law in the EU and Beyond
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Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Chapter 11: WTO Dispute Settlement: Promise Fulfilled?

William J. Davey


JOBNAME: Trade and Competitio PAGE: 1 SESS: 11 OUTPUT: Mon Jun 20 16:16:16 2011 11. WTO dispute settlement: promise fulfilled? William J. Davey I have known Jacques for many years – initially on a personal level as a fellow alumni of the University of Michigan Law School and as a co-attendee of numerous conferences on international trade law topics – and later professionally at the WTO while I was Director of the Legal Affairs Division and Jacques served as a panel chair and legal advisor to disputing governments. Indeed, since so much of my professional contact with Jacques has concerned international trade law, and in particular the WTO dispute settlement system, I thought it appropriate to write a few words on that subject in this book honouring Jacques. This seems particularly appropriate given Jacques’ active role in the operation of both the WTO system and its GATT predecessor. The first five years of the dispute settlement under the WTO’s Dispute Settlement Understanding (DSU) (1995–99) were noteworthy because of the high volume of cases, brought predominantly by the United States and the EU; the controversial nature of many of the cases, which ultimately, however, did not preclude their solution; and the development of the Appellate Body.1 The second five years (2000–04) were noteworthy by the decline in the number of cases, although the system remained relatively active; by an increase in the time needed to process cases; and by the noticeable and significant increase in the use...

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