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WTO, Dispute Settlement Mechanism & Jurisprudence

Authors: Surendra Bhandari;

WTO, Dispute Settlement Mechanism & Jurisprudence

Abstract

This paper analyzes the distinction between GATT dispute settlement mechanism and the WTO dispute settlement mechanism. To highlight the distinction, it explains the state of historical development of GATT and the WTO. As one of the most important features of the WTO dispute settlement system, it establishes jurisprudence that is unique in the domain of international law. Like constitutional review of domestic laws and declaring laws inconsistent with the constitution ultra vires, the WTO dispute settlement mechanism authoritatively decides about the compatibility of the disputed domestic laws and policies with the WTO rules. When the disputed domestic laws and policies are found inconsistent with the WTO rules, the Dispute Settlement Body of the WTO issues mandatory instructions to its Member bring the inconsistent laws and policies consistent with the WTO rules.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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