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To What Extent Are the WTO Panel and Appellate Body Process Judicial in Nature - Term Paper Example

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The author states that the main support of the multilateral trading order is provided by the dispute settlement system. the Body and the panel need to be more active in realizing its optimum potential as a ‘court’ of the international trading order and a part of the World Trade Organization. …
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To What Extent Are the WTO Panel and Appellate Body Process Judicial in Nature
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Download file to see previous pages The WTO can be described to be a body that acts as a buffer or negotiating medium between different nations on an international or Global basis in order to settle, clarify and to some extent manage all of their Trade-related problems. The Appellate Body, a unit of seven people, was set up in the year 1995 under article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. This unit acknowledges the appeals from reports that are issued by the panels, which address the disputes pertaining to the members. The Appellate Body is empowered to influence and alter the inference and findings drawn by the panel. Once the Dispute Settlement Body adopts these reports, the members concerned with the dispute must accept this. This body was initially not perceived as a central entity to the dispute settlement system of WTO. With time, it grew to become a powerful and crucial component of the WTO dispute settlement body. It is also referred to as the World Trade Court1. DSB stands for Dispute Settlement Body. A very important and integral part of the WTO organizational structure, the DSB acts as a mediator between nations to sort out their trade-related issues. The Dispute Panel is a panel formed of WTO members at an ambassadorial level, which recommends a problem to the DSB. The Appellate Body sends a report on the problem to DSB for a further and proper solution of the grievance concerned2. (Bartels, 2001, 499) The judicial function of the WTO is limited essentially to solve the ‘state-to-state’ disputes. If we look at the judicial independence of the Appellate Body we need to consider what makes an international legal body independent in its powers. There are two categories of this concept. First, it indicates judicial independence of a world in general or a regional court, which is not interfered by the states. Another context refers to the independence of a judicial unit or body within an international organization.   ...Download file to see next pagesRead More
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