Dispute Settlement Techniques Between Nations Concerning Economic Relations - With Special Emphasis of GATT (From Resolving Transnational Disputes Through International Arbitration, P 39-72, 1984, Thomas E Carbonneau, ed. - See NCJ-98767)

• NCJ Number: 98771
• Author(s): J H Jackson
• Date Published: 1984
• Length: 34 pages
• Sale Source: University Press of Virginia
• Language: English
• Country: United States of America

Annotation

This paper examines dispute settlement processes pertaining to economic relations between nations, focusing special attention on the General Agreement on Tariffs and Trade (GATT), whose articles and broader legal system govern approximately 85 percent of world trade.

Abstract

The 35 years of GATT history combined with its economic jurisdiction make it the prime example of the operation of an international economic regulatory process in conjunction with national government relations. The paper discusses GATT Articles XXII and XXIII, which specify central dispute settlement procedures, and outlines the 10 dispute settlement steps mandated under Article XXIII. A central aspect of the dispute settlement procedures is a panel of three to five members (normally government officials) which facilitates negotiation between the disputing parties. When no mutual settlement occurs, the panel makes 'findings' in a report that contains its reasoning and fact findings. Some analogies are drawn between the GATT dispute settlement procedures and domestic legal systems. A description of national government participation in the GATT dispute settlement processes notes that only governments have direct access to the GATT dispute settlement processes. The paper describes steps the U.S. Congress has taken to give citizens greater access to dispute settlement in international economic relations. Also reviewed are how the GATT procedures work in practice and fundamental problems of the GATT system. Suggestions for improving the system conclude the paper. Seventy-two footnotes are provided.