Coverage and Application of the WTO Dispute Settlement Mechanism
This article discusses issues concerning the coverage and application of the Dispute Settlement Understanding (DSU) under the WTO’s legal framework. Determining the coverage and application of the WTO’s dispute settlement mechanism implies determining the scope of covered agreements, especially their relationship with other sources of law both within and outside the WTO’s framework. The article analyses which law ought to be applied by the WTO’s judicial bodies and respectively which rights can be subject to protection. This issue is associated not only with the scope of the WTO’s global power but also with the WTO’s impact on global governance and globalisation. In addition, it is also important to clarify conditions for the application of special or additional rules and procedures for settlement of disputes provided in covered agreements other than the DSU. A distinction needs to be made between interpreting these rules as complementary rules, and interpreting them as replacing and prevailing rules over the DSU’s rules and procedures.
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