Academic journal article Law and Policy in International Business

Panel I A: Stage I-Operation of Consultations, Deterrence and Mediation: Presentation Summary and Comments

Academic journal article Law and Policy in International Business

Panel I A: Stage I-Operation of Consultations, Deterrence and Mediation: Presentation Summary and Comments

Article excerpt

QUESTION AND ANSWER SUMMARY: John Jackson, the moderator, commented that Gary Horlick questioned the policy controversy over whether the dispute settlement mechanism is judicial or political. Jackson then asked Horlick whether he thought the underlying goal of the process is to settle cases or establish a jurisprudence. Horlick responded that the goal is to establish a jurisprudence, but that the dichotomy is actually a false one. More importantly, the underlying problem with the DSU is that it is a "one size fits all" mechanism for resolving conflicts--in essence, all cases go to a constitutional court. Horlick stated that options should be added to the current system to better fit the different nature of each conflict.

The panel was asked a related question regarding whether the role of the WTO was to interpret and elucidate broader issues or to examine the detailed facts of each case in a narrower manner. Timothy Reif responded that it was necessary to examine the details of each case in order to resolve it properly. Olin Wethington stated that it is a panel's responsibility to look at the specific treaty obligation involved in the case and to determine whether that country has met its obligation. Moreover, in most decisions, there is a respect for the sovereignty of the parties and a deference to the administrative judgment of the countries. …

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