International Adjudication on Trial: The Effectiveness of the WTO Dispute Settlement System

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Sivan Shlomo Agon (Bar-Ilan University School of Law, Bar-Ilan University School of Law, Assistant Professor)

International Adjudication on Trial

The Effectiveness of the WTO Dispute Settlement System

Sivan Shlomo Agon (Bar-Ilan University School of Law, Bar-Ilan University School of Law, Assistant Professor)

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English

Oxford University Press
12 September 2019

International economic & trade law; International organisations & institutions; Settlement of international disputes

Series: International Economic Law Series

Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the system's effectiveness be enhanced in the future?

Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness.

Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.

By: Sivan Shlomo Agon (Bar-Ilan University School of Law Bar-Ilan University School of Law Assistant Professor)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 162mm, Spine: 25mm
Weight: 710g
ISBN: 9780198788966
ISBN 10: 0198788967
Series: International Economic Law Series
Pages: 368
Publication Date: 12 September 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction Part I: Theory, Context, Goals 1: Re-Conceptualizing Judicial Effectiveness at the WTO: Towards a Goal-Based Approach 2: Goals in Context: The Evolution, Structure, and Nature of the WTO Dispute Settlement System 3: WTO Dispute Settlement System: Goals Part II: When Trade and Non-Trade Values Collide: Linkage Disputes from a Goal-Based Perspective 4: Linkage Disputes and the Enduring Quest for Legitimacy 5: Escaping the Illegitimacy Net: Between Turtles and Shrimps on the High Seas 6: Legitimating Behind the Smoke Screen in the Battle over Clove Cigarettes Conclusion to Part II: An Analytical Overview of Linkage Disputes Part III: When Disputes Won't Go Away: Perennial Disputes from a Goal-Based Perspective 7: Trade Wars, Trade-offs, and the International Rule of Law 8: The Multilateral Trade System Goes Bananas 9: The Transatlantic Conflict over Beefed-up Beef Conclusion to Part III: An Analytical Overview of Perennial Disputes Part IV: When the Multilateral and the Regional Intersect: RTA-Related Disputes from a Goal-Based Perspective 10: Extending the Analysis: Multilateral Adjudication in a Regionalizing Economic Order Conclusion 11: WTO Judicial Effectiveness and Beyond

Sivan Shlomo Agon is an Assistant Professor at the Law Faculty of Bar-Ilan University. She was previously a Fulbright Scholar and an Emile Noël Fellow at the Jean Monnet Center for International and Regional Economic Law and Justice, New York University, and a visiting scholar at the World Trade Organization (WTO). Her main areas of research are international economic law, international courts and dispute settlement, global governance, and empirical legal studies.

Reviews for International Adjudication on Trial: The Effectiveness of the WTO Dispute Settlement System

Overall, this monograph is well-timed and a necessary and fresh supplement to the existing literature. * Isabelle Van Damme, Counsel, Van Bael & Bellis, Brussels, Belgium, Journal of World Investment and Trade *