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International Adjudication on TrialThe Effectiveness of the WTO Dispute Settlement System$
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Sivan Shlomo Agon

Print publication date: 2019

Print ISBN-13: 9780198788966

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780198788966.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 October 2021

The WTO Dispute Settlement System

The WTO Dispute Settlement System


(p.62) 3 The WTO Dispute Settlement System
International Adjudication on Trial

Sivan Shlomo Agon

Oxford University Press

The proposed goal-based approach, which ties effectiveness to goals, requires an in-depth inquiry into the question of what aims underlie the World Trade Organization (WTO) Dispute Settlement System (DSS), the spectrum of functions it should play, and the nature of the relations between them. The present chapter maps these multiple aims as prescribed for the DSS by its mandate providers while probing their complementary and contradictory relationships. In so doing, the chapter lays down the substantive building blocks of the WTO DSS’s goal-based effectiveness framework against which the system’s performance is to be evaluated. In analysing the DSS’s goal structure, the chapter begins with the system’s ultimate ends—the overarching purposes the DSS is expected to fulfil in the long-run—which frame the broad mission it is designed to achieve. It then follows with the system’s more specific, intermediate goals, those which serve as means for realizing the former, more general, open-ended objectives.

Keywords:   WTO DSS, goal-based approach, mandate providers, goals, judicial effectiveness

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