Título del libro: A History Of Law And Lawyers In The Gatt/wto: The Development Of The Rule Of Law In The Multilateral Trading System
Título del capítulo: Will the increased workload of WTO panels and the Appellate Body change how WTO disputes are adjudicated?
RICARDO RAMIREZ HERNANDEZ;
Autores externos:
Idioma:
Inglés
Año de publicación:
2015
Resumen:
As is well known, there has been a surge in WTO dispute settlement activity in recent years. A total of forty-seven requests for consultations ? the first step in the dispute settlement process ? were received in 2012 and 2013, and twenty-three panels were established during that same period. A further fourteen panels were established in 2014. The large number of disputes brought to the WTO, together with the increased size and complexity of the average dispute, is imposing significant pressure on panels and the Appellate Body. This chapter provides a brief overview of how the workload of panels and the Appellate Body has evolved over time. It suggests ways in which this workload may have an impact on how disputes are adjudicated at the WTO (and thus on the rule of law), and concludes by recounting possible ways to address the increased workload of panels and the Appellate Body. The workload of panels and the Appellate Body The number of parties involved, and claims raised, in an average WTO dispute has more than doubled since the early years of WTO dispute settlement. Disputes involving more than one complainant have become a frequent occurrence. For example, out of the panel and Appellate Body reports adopted since 2012, there were three co-complainants in China ? Raw Materials; and two each in US ? COOL, Canada ? Renewable Energy/Canada ? Feed-In Tariff Program, and EC ? Seal Products. There were three co-complainants in China ? Rare Earths. The number of third parties has also increased over time, to slightly less than ten on average per dispute. The number of claims raised in panel proceedings is, in many cases, between ten and twenty, and parties frequently make requests for preliminary rulings by panels on procedural and other issues. The increased workload of WTO panels is reflected in the work of the Appellate Body. Appellate proceedings involve more participants and third participants and a higher number of issues raised in an average appeal. © World Trade Organization 2015.
Entidades citadas de la UNAM:
ISBN:
9781316048160
Editorial:
Cambridge University Press Nombre de la publicación:
Will the increased workload of WTO panels and the Appellate Body change how WTO disputes are adjudicated?
Página inicial:
616
Página final:
622
