Abstract
The WTO Agreement, for the first time in a multilateral agreement, set up a comprehensive – and compulsory – dispute settlement system. This is markedly different from dispute resolution under bilateral trade agreements and is credited with greater transparency, a level playing field (in that complainants and respondents can only be states or customs territories) and a balanced enforcement mechanism. It further provides for an appellate mechanism. This presentation looks at the history of this part of the WTO Agreement, its adjudication and enforcement mechanisms, how it is administered by the WTO, what use has been made of this system hitherto, and whether it has provided a satisfactory answer to non-compliance.
| Original language | English |
|---|---|
| Title of host publication | Intellectual property and international dispute resolution |
| Editors | Christopher Heath, Anselm Kamperman Sanders |
| Place of Publication | Alphen aan den Rijn |
| Publisher | Kluwer Law International |
| Pages | 67-96 |
| ISBN (Electronic) | 9789041191120, 9789041191137 |
| ISBN (Print) | 9789041190970 |
| Publication status | Published - 2019 |
Keywords
- International commercial arbitration
- Propriété intellectuelle (Droit international)
- Intellectual property (International law)