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114 results

Page 1 of 6

  • The WTO's Multi-Party Interim Appeal Arbitration Arrangement (MPIA): What's New?

  • Joost Pauwelyn
  • Journal:
    World Trade Review / Volume 22 / Issue 5 / December 2023
    Published online by Cambridge University Press:
    14 June 2023, pp. 693-701
    Print publication:
    December 2023
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  • To preserve the functioning of WTO dispute settlement following the blockage of the Appellate Body, a sub-set of WTO Members created the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). In the wake of the first appeal award rendered under the MPIA, this contribution describes how the MPIA process works and lists some of the innovations that can be found in the first MPIA procedure. More innovations can be expected as arbitration under Article 25 of the Dispute Settlement Understanding (DSU) (be it ad hoc or under the MPIA) can be adjusted and molded case-by-case by the disputing parties in their appeal arbitration agreements. In this sense, the MPIA can serve not only as an interim stop-gap to preserve WTO dispute settlement. It can also function as a laboratory to explore and test new ways of making WTO dispute settlement more efficient and in line with WTO Members' goals and interests: experimental reform by doing, rather than one-off, formal DSU review.

  • Who Guards the “Guardians of the System”? The Role of the Secretariat in WTO Dispute Settlement

  • Joost Pauwelyn, Krzysztof Pelc
  • Journal:
    American Journal of International Law / Volume 116 / Issue 3 / July 2022
    Published online by Cambridge University Press:
    11 May 2022, pp. 534-566
    Print publication:
    July 2022
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  • For all the attention paid to the panelists and Appellate Body of the World Trade Organization (WTO), the Secretariat plays an overlooked and increasingly important role in the dispute settlement mechanism (DSM), including in selecting panelists, writing “issue papers” for adjudicators, providing economic expert advice, participating in internal deliberations, and drafting actual rulings. This Article argues that, given these functions, the DSM is better understood to be a sui generis administrative review process than it is a “World Trade Court.”

Assessing the World Trade Organization
  • Fit for Purpose?
  • World Trade Forum
  • Edited by Manfred Elsig, Bernard Hoekman, Joost Pauwelyn
  • Published online:
    19 May 2017
    Print publication:
    27 April 2017
  • The World Trade Organization (WTO) recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its negotiation machinery goes through a phase of prolonged crises. Assessing the World Trade Organization overcomes this myopic view and takes stock of the WTO's achievements whilst going beyond existing disciplinary narratives. With chapters written by scholars who have closely observed the development of the WTO in recent years, this book presents the state of the art in thinking about WTO performance. It also considers important issues such as the origins of the multilateral system, the accession process and the WTO's interaction with other international organisations. The contributions shed new light on untold stories, critically review and present existing scholarship, and sketch new research avenues for a future generation of trade scholars. This book will appeal to a wide audience that aims to better understand the drivers and obstacles of WTO performance.

Page 1 of 6