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Part III World Trade Law and Regional Trade Agreements, XX Dispute Settlement in the WTO

From: Principles of International Economic Law (1st Edition)

Matthias Herdegen

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

International trade
Under the GATT 1947, a formalized dispute settlement regime emerged based on Article XXII (consultations)1 and Article XXIII (complaints about nullification or impairment of benefits). The GATT regime contained elements of objective legal analysis provided by committees (panels) of three independent experts, rendering an advisory opinion (Panel Report). Still, dispute settlement was characterized by diplomatic negotiation and the pursuit of consensus.2 A defending party could obstruct panel proceedings and the adoption of a Panel Report. The Understanding on Rules...
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