IGS 10a Lecture Notes - Lecture 6: Judicial Activism, Amicus Curiae, Dispute Settlement Body
24 Jan 2017
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Document Summary
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. States need incentives to keep promises: gaps / ambiguity. Members" obligations may be unclear or treaties may leave things out. Panels & parties must follow strict timetables. Panel decisions binding on parties unless consensus of wto members against it (never happened) Losers can appeal to an appellate body. If members found in breach doesn"t bring policy into compliances, retaliation may be authorized. Consists of all 155 members of the wto. Has the sole authority to establish panels. Reserve consensus formula for adoption of panel decisions. Wto secretariat maintains a roster of appropriate panelists. Disputants have some influence over panelists selected. 9 permanent members each serve four-year terms. Comprised of persons of recognized expertise in trade law.
