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Journal of International Economic Law 2001 4(1):79-110; doi:10.1093/jiel/4.1.79
© 2001 by Oxford University Press
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Has the WTO dispute settlement system exceeded its authority? A consideration of deference shown by the system to member government decisions and its use of issue-avoidance techniques

WJ Davey

University of Illinois College of Law, IL, USA E-mail: wdavey@law.uiuc.edu

A systematic study of 38 adopted decisions of the Appellate Body and Panels since the inception of the WTO Dispute Settlement System leads to the conclusion that the WTO Dispute Settlement System remains generally within the boundaries of its authority. With a few limited exceptions, the system has shown sufficient deference to legitimate policy decisions made by WTO Member Governments. Further, US and international law rules on techniques used to dispose of cases (or issues within cases) where a decision seems unnecessary or inappropriate could be used more frequently with regard to the timing of consideration of issues (mootness and ripeness) as well as the exercise of judicial economy.


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