Guides: International Trade Law Research Guide: Dispute Settlement Practice & Procedure

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WTO Dispute Settlement -- Practice & Procedure

The procedural rules governing the settlement of trade-related disputes by the WTO are set forth in the Dispute Settlement Understanding (DSU). In addition, there are many specialized rules, applicable only to particular types of disputes, set forth in the annexes to the Marrakesh Agreement that established the WTO. To access these dispute settlement rules, consult the Primary Sources listed in the column to the right. Listed below is a selection of Secondary Sources on WTO dispute settlement practice and procedure.

Secondary Sources

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
Call Number: K4610 .G73 2009
This book examines the fact-finding procedures employed by WTO dispute settlement panels. It addresses such key questions as which party bears the burden of proof; what quantum of proof is necessary to convince the panel; the role of the panel, disputing parties, and non-disputing parties in the development of the evidentiary record; the consequences of a party's failure to cooperate; and the treatment of confidential business and governmental information.
The Standard of Review in WTO Dispute Settlement
Call Number: K4610 .B43 2012
This author critiques how the WTO scrutinizes domestic measures to determine compliance with the WTO agreements, particularly measures involving controversial domestic policy issues.
Trade, Health, and the Burden of Proof in WTO Law
Call Number: K4610 .A94 2012
This book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law.
Trade Disputes and the Dispute Settlement Understanding of the WTO
Call Number: K4610 .T73 2009
This volume addresses the process of dispute resolution and appeal under the DSU; the politics of trade disputes between nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Treaty Interpretation by the WTO Appellate Body
Call Number: K4610 .D35 2009
This book explains how the Appellate Body approaches the interpretation of the WTO covered agreements, and contributes to a more general understanding of how treaties are interpreted in practice.
WTO Dispute Settlement and the TRIPS Agreement
Call Number: K1401 .K46 2016
The author contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO, providing a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994, and other WTO agreements in intellectual property matters.
WTO Dispute Settlement Understanding
Call Number: K4610 .Y36 2005
This book employs an article-by-article analysis to assess how WTO panels and the WTO's Appellate Body have read, interpreted, and construed the provisions of the Dispute Settlement Understanding. The coverage also includes the special or additional rules and procedures referred to in some of the agreements covered by the DSU. The texts of all DSU-related documents are included for easy reference.

Primary Sources

WTO Dispute Settlement Procedures: a Collection of the Relevant Legal Texts
Call Number: REF K4610.5 .A42 2012
The third edition of this official WTO publication includes the full text of the Dispute Settlement Understanding, as well as the procedural rules and agreed practices that govern the initiation and conduct of disputes, the calculation of deadlines, and the appellate review process.

WTO Legal Texts
The WTO's website provides free online access to the full text of the Dispute Settlement Understanding in the following formats:

HTML version
PDF version

It is also possible to access a summary of the DSU (HTML only).

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To locate additional resources on WTO dispute settlement practices from the Georgetown Law Library's collection, use the Advanced Search and select Law Library Catalog. Then use the menu to select Subject as the search field and enter one of the following subject headings in the search box:

For greater precision, search for a subject heading in the first line and use the remaining lines to search for additional terms in the Title field or anywhere in the record using the default Any Field setting. Be sure to select the desired search field in each line before running the search.

International Trade Law Research Guide

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WTO Dispute Settlement -- Practice & Procedure

Secondary Sources

Primary Sources

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