LAW/CRIMINOLOGY

Law/Criminology

World Trade Organization Dispute Settlement System3

Significance of WTO Dispute Settlement System4

Reports of Panels and the Appellate Body6

Importance of Appellate Body & Reports of Panel6

Assumption & Challenges7

Powers & Authorities8

Precedent to Guide Members & Interpretation of Covered Agreements10

The Panel Decisions & Rebuttals11

Limitations & Challenges14

Procedural Principles & Related Issues16

Law/Criminology

To what extent do the Reports of Panels and the Appellate Body provide a body of precedent available to guide Members and their legal advisors through an authoritative interpretation of the Covered Agreements?

World Trade Organization Dispute Settlement System

The World Trade Organization dispute settlement system has provided the foundation to resolution of problems. It comprises of first level panel process and an appeal procedure before the Appellate Body. The issues arise over the claims arising under WTO covered agreements between WTO members. Thus, there are many various circumstances under which the Appellate Body is considered as important. It is highly regarded by the WTO members in resolution of cases. The Appellate Body resembles international judiciary but acts in a distinctive manner where the members take over the roles in different context such as International Court of Justice.

The Appellate Body inherent powers occasionally refer to panel of seven people which are designated to consider the cases of WTO members and their legal advisors. The Appellate Body is concerned with the resolution of cases with the authority of their decision being the final and irreversible. However, an appeal can be filed under which the decision of the panel is reconsidered. The international judicial function is related to Appellate Body. The reports of Panel and the Appellate Body provide a body of precedent available to guide members and their legal advisors through an authoritative interpretation of the covered agreements.

The covered agreements which have the legal binding to parties are concerned by the panel. The Appellate Body is based on the principles of resolving the conflicts and disputes by providing their decision which is absolutely deemed as final. Although, the aggrieved party has the liberty and opportunity to file an appeal regarding his claim to reconsider the decision. The body of precedent is available to guide members and their legal advisors through an authoritative interpretation of the covered agreements. The precedent plays a pivotal role in providing guidance in cases which doesn't have a significant jurisdictional legislature. The Appellate Body bases their decisions on such principles under some circumstances where the obvious law is absent. Thus, it is questionable and does not consider as completely reliable. However, the taken decision is regarded as final if the appeal is not filed. This provides the support to judicial system where such cases are difficult to handle. The international courts system values the Appellate Body and panels in this system.

Significance of WTO Dispute Settlement System

The related system experiences various challenges due to its exposure to questionability. Therefore, it is important to have an element of trust and imposition in this situation. The limitations of the Appellate Body and Panel is the principle involving the State which is responsible for deciding ...