WTO Dispute Settlement Mechanism as a New Technique for Settling Disputes in International Law (original) (raw)

2010

Abstract

THE WTO DISPUTE settlement mechanism (DSM) is a novelty in international law in so many respects. Although it is an improve-ment on the old GATT dispute settlement mechanism, it is quite different in nature from other international mechanisms available for resolving international disputes between States. Unlike other mecha-nisms, the rules and procedures of this mechanism, especially the provi-sions relating to the appellate body, follow the principles of common law rather than civil law. This mechanism is a blend of diplomacy, negotiation, mediation, arbitration and adjudication. It is neither fully judicial nor completely a non-judicial mechanism.

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