NEGOTIATING THE REVIEW OF THE WTO DISPUTE SETTLEMENT UNDERSTANDING

Thomas Zimmermann

This book reviews the DSU reform negotiating process since 1998. It discusses the proposals that Members have submitted under the Doha mandated review in 2002 and 2003, which has so far been the most comprehensive attempt to move the DSU review forward.

In the first part of the book, the foundations for the discussion are laid with a brief account of the economic, legal and political aspects of the dispute settlement mechanism, its evolution and its working in practice.

The second part of the study offers an overview and analysis of the negotiating process in its broader context. Additionally, negotiating proposals on stage-specific and horizontal issues of the dispute settlement mechanism are presented and analysed with regard to their background,  their contents, and their potential implications. Topics discussed include inter alia consultations, the panel stage, appellate review, implementation, transparency and amicus curiae briefs, third party rights, and special and differential treatment of developing countries.

In the third part of the book, the difficulties faced by negotiators in completing the DSU review are explored. Policy recommendations for further negotiations are discussed and the chances of a future  agreement are  evaluated. Finally, the study is also intended to offer a one-stop point of departure for other researchers who wish to further explore specific aspects of the DSU review. To this end, the fourth and fifths parts of the monograph contain more than 80 pages of references on the DSU review exercise.

ISBN 10: 1 905017 17 0

ISBN 13: 978 1 905017 17 1

• Hardback • 2006 • £125.00