IGS 10a Lecture Notes - Lecture 7: Judicial Activism, Amicus Curiae, Dispute Settlement Body
20 Sep 2016
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Document Summary
Wto dispute settlement: why the wto has it. Criticisms & concerns: why the wto has it. One wto member believes another is breaking the rules. Wto rules = promises members have made in past agreements. Complainant may challenge the alleged infraction in dispute body. If the complainant prevails: the respondent must bring policy into compliance or face retaliation. Neutral umpire instead of power politics more equal playing field. Enforcement b/c states are sovereign and no higher authority. If members can cheat, trust breaks down: states need incentives to keep promises, gaps/ambiguity, members" obligations may be unclear, or treaters may leave things out b. i) Vague language to cover disagreements b. ii) may simply forget or not anticipate things. Panels & parties must follow strict timetables. Other parties may share in suit to take sides . Panel decision binding on parties unless consensus of wto members against it (but this has never happened) Losers can appeal to an appellate body.
