This book provides a comprehensive study of consultation procedures within the dispute settlement system of the World Trade Organization. It offers in-depth analysis of diplomatic practices relating to what has been a poorly explored and researched part of the Dispute Settlement Understanding. Findings are supported by interviews with representatives of several Member States. The author analyses its relationship to panel proceedings and uses comparative studies with other parts of international law. The study particularly focuses on a Chinese perspective which has placed strong emphasis upon consultation and negotiated settlements. With its theoretical and practical insights, the book will be of equal use to scholars, diplomats and government officials alike.
Bern, Berlin, Bruxelles, Frankfurt am Main, New York, Oxford, Wien, 2007. XVIII, 326 pp.
Contents: Overview of Dispute Settlement in International Law – Controversial Legal Nature of Consultations and Negotiations
– Two Concepts – Use of Consultations in International Law – A Duty to Consult – Good Faith in Consultations – Case Studies
of Consultations in International Law – The WTO as an International Organisation – DSM within the GATT/WTO – General Assessment
of the Role of Consultation in the GATT – Present Practice of the Delegations – Overview of the Consultation Stage of the
DSU – Assessment of Consultations in the GATT/WTO – Linkage between the Panel and Consultation Stages.