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Advocacy Before the World Trade Organization Dispute Settlement Panels in Trade Remedy Cases - Chapter 3 - The Art of Advocacy in International Arbitration

Author(s): 
Duane Layton
Jorge Miranda
Page Count: 
56 pages
Media Description: 
1 PDF Download
Published: 
March, 2004
Practice Areas: 
Advocacy,
WTO

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Originally from The Art of Advocacy in International Arbitration

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I. Introduction
 
Few, if any, developments over the past twenty years have had a
more profound influence on international trade law and what it
means to “practice” international trade law than the dispute
settlement system of the World Trade Organization (“WTO”). Ten
years ago, for example, a “trade attorney” practicing in Brussels or
Washington could go an entire year without reading a report issued
by a GATT1 panel. Clients simply did not care and did not ask.
Today, not a week goes by that a trade attorney in one of these
capitals does not have to consult a report issued by a dispute
settlement panel established by the WTO.
 
Nowhere has this influence been more pronounced than in the
area of trade remedies. By “trade remedies” we mean antidumping,
countervailing duties, subsidy disciplines, and safeguard measures,
which today are regulated by Articles VI, XVI, and XIX of the