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Between Law and DiplomacyThe Social Contexts of Disputing at the World Trade Organization$
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Joseph Conti

Print publication date: 2010

Print ISBN-13: 9780804771436

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804771436.001.0001

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The WTO Dispute Settlement Process

The WTO Dispute Settlement Process

(p.59) Chapter Three The WTO Dispute Settlement Process
Between Law and Diplomacy
Stanford University Press

This chapter discusses the unique institutional features of the disputing system. The defining characteristic of the WTO, which manifests in multiple dimensions, is the relationship between law and diplomacy that structures the process, the personnel, and normative understandings of what it should do. A central premise of the law in action approach is that the analysis of formal rules and procedures does not fully account for how those rules are used in practice. Accounting for the use of the WTO begins with a characterization of how legal actors construct the good case in dispute settlement systems. In the end, however, the evolution of WTO jurisprudence remains ongoing.

Keywords:   disputing system, law and diplomacy, law in action, dispute settlement

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