âAs Time Goes Byâ: the Time-to-Compliance in WTO Dispute Settlement

Andrea Hamann

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Chapter 31 âAs Time Goes Byâ: the Time-to-Compliance in WTO Dispute Settlement

In: Time and International Adjudication

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Andrea Hamann

Andrea Hamann
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Type:: Chapter

Pages:: 613â634

DOI:: https://doi.org/10.1163/9789004716377_033

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WTO Panel and/or Appellate Body reports are binding upon the parties once the Dispute Settlement Body has adopted them, which puts the losing party under a formal obligation to comply. This chapter examines the issue of what can be called the âtime-to-complianceâ from several perspectives. The Dispute Settlement Understanding, in fact, provides an intricate set of political, judicial and arbitral procedures, which attempt to constrain the time-factor of compliance. Yet this strict time management has undergone various processes by which the time-to-compliance has been and can be considerably stretched. Ultimately, however, the chapter suggests that the root of the issue may not lie in the implementation phase itself, but at the very core of the concrete (dis)functioning of the dispute settlement system.

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Time and International Adjudication

The Temporal Factor in Proceedings before International Courts and Tribunals

E-Book ISBN:: 9789004716377

Publisher:: Brill | Nijhoff

Print Publication Date:: 09 Dec 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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Chapter 31 âAs Time Goes Byâ: the Time-to-Compliance in WTO Dispute Settlement

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Time and International Adjudication

The Temporal Factor in Proceedings before International Courts and Tribunals

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Chapter 31 âAs Time Goes Byâ: the Time-to-Compliance in WTO Dispute Settlement