List of Tables

List of Abbreviations

Preface

Chapter 1 Introduction: International Law, International Organizations and Dispute Settlement-The WTO Agreement as a Model for Protecting Freedom, Non-Discrimination and Rule of Law Across Frontiers?

1. Liberal international order: the need for rules and organizations

2. The need for constitutional restraints on discretionary foreign policy-making: three different concepts of government and their consequences for domestic implementation of international law

3. The "Kantian Imperative": constitutional functions of international guarantees of freedom, non-discrimination, rule-of-law and "democratic peace"

4. The need for a constitutional theory of international organizations

5. The WTO Agreement as a global integration agreement

6. The WTO Agreement and WTO dispute settlement system as models for reforming other international organizations?

Chapter 2 The GATT Dispute Settlement System 1948-1995: An Overview

1. "Diplomatic" and "legal" means for the settlement of international trade disputes

2. Progressive evolution and legal continuity of the GATT/WTO dispute settlement system

3. Six different kinds of complaints under GATT Article XXIII: 1

4. Rulings and recommendations under Article XXIII:2

5. Suspension of obligations and retaliation under GATT Article XXIII:2

6. Progressive "legalization" and codification of GATT dispute settlement procedures

7. Frequent use and speedy implementation of GATT dispute settlement procedures

8. Some problem areas of the GATT 1947 dispute settlement system

Chapter 3 Clarification and Development of GATT/WTO Law through the GATT/WTO Dispute Settlement System: The Case Law on Trade-Related Environmental Measures

1. Progressive development of GATT/WTO law through the GATT/WTO dispute settlement system

2. The 1982 panel report on the US prohibition of imports of tuna

3. The 1987 panel report on US taxes on petroleum

4. The 1988 panel report on Canada's export restrictions on unprocessed herring and salmon

5. The 1990 panel report on Thailand's import restrictions on cigarettes

6. The 1991 panel report on US import restrictions on tuna

7. The 1994 panel report on US import restrictions on tuna

8. The 1994 panel report on US taxes on automobiles

9. The 1996 panel and Appellate Body reports on US standards for reformulated and conventional gasoline

10. Methods of interpreting GATT/WTO law: the 1996 Appellate Body report

11. Future WTO disputes on trade-related environmental measures

12. A systemic problem: GATT/WTO law and multilateral environmental agreements (MEAs)

13. Dispute settlement proceedings on TREMS outside the WTO

14. Some problems of applying multilateral environmental agreements in WTO dispute settlement proceedings

Chapter 4 "Non-Violation Complaints" and "Situation Complaints" in GATT/WTO Law: What is their Legitimate Function?

1. State responsibility and remedies under general international law and GATT law

2. The concept of "nullification or impairment" of treaty benefits in GATT law and WTO law

3. Non-violation complaints against governmental distortions: a survey of the GATT case law

4. The future of non-violation complaints and situation complaints in WTO law

Chapter 5 The New Dispute Settlement System of the 1994 WTO Agreement

1. An integrated dispute settlement system

2. Further legalization of panel procedures

3. New appellate review procedures

4. Surveillance of implementation of rulings and recommendations

5. Compensation and the suspension of concessions

6. Arbitration procedures

7. Strengthening of domestic judicial review

8. Transitional problems

Chapter 6 The Future of the GATT/WTO Dispute Settlement System: First Experiences and Remaining Problems

1. Frequent recourse to the WTO dispute settlement system in 1995/96

2. Active use of the DSU by less-developed countries

3. Application of the DSU to trade in services

4. Application of the DSU to intellectual property rights

5. New challenges: the DSU and restrictive business practices

6. General and special dispute settlement procedures in GATT and the WTO

7. International and domestic dispute settlement procedures

8. WTO dispute settlement procedures and the exhaustion of local remedies rule

9. The need for further strengthening judicial review at the domestic level

Annexes

Annex A Tables of Reports Issued Under Article XXIII of the GATT 1947

Annex B Table of Panel Reports Issued Under the Tokyo Round Agreements of 1979

Annex C Table of Disputes Initiated Under the Dispute Settlement Understanding of the 1994 Agreement Establishing the World Trade Organization in 1995

Annex D Text of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)

Annex E The WTO Appellate Body Working Procedures for Appellate Review

Index

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