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Journal of International Economic Law 2003 6(1):211-235; doi:10.1093/jiel/6.1.211
© 2003 by Oxford University Press
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Comment on a WTO Permanent Panel Body

Jacques H.J. Bourgeois1

1 Akin Gump Strauss Hauer & Feld (Brussels), Email: jbourgeois{at}akingump.com

The task of commenting usefully on Professor Davey's ‘The Case for a WTO Permanent Panel Body’ is not an easy one. He speaks with the authority of one that, in his former capacity of Director of the WTO Legal Affairs Division, has in fact had a major role in selecting panelists as a result of the frequent failure of parties to agree on a slate of panelists, and has followed closely on the ground the functioning of panels under the new WTO dispute settlement system. Moreover, a commentator is expected to disagree so as to provoke a debate. This commentator happens to share Professor Davey's overall assessment that the permanent panel body proposal does have sufficient benefits to make it worth going forward. So, these comments are ‘concurring’ rather than ‘dissenting’. I will deal first with the potential advantages and then with the potential disadvantages, ending with a brief concluding remark.


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