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Copyright (c) Foundation for International Law and Management, Inc.
Brigham Young University International Law & Management Review

NOTE AND COMMENT: THE DIFFERENCES BETWEEN THE PANEL PROCEDURES OF THE GATT AND THE WTO: THE ROLE OF GATT AND WTO PANELS IN TRADE DISPUTE SETTLEMENT

Winter, 2006

3 BYU Int'l L. & Mgmt. Rev. 79

Author

Petko D. Kantchevski *

Excerpt

I. INTRODUCTION

In February 1945, the Economic and Social Council of the United Nations (ECOSOC) adopted a resolution and called for a conference to draft a charter for the International Trade Organization. The charter, known as the Havana Charter, concluded in 1948, but never came into effect due to the U.S. Congress' failure to ratify it in 1950. Yet, the General Agreement on Tariffs and Trade (GATT) of 1947, 1 which was designed to be a part of the Havana Charter, came into force in eight states on January 1, 1948 pursuant to a protocol of provisional application. 2 Not only was the GATT "provisional" in nature throughout its entire existence, but its dispute settlement rules were vague and lacked details. In fact, the GATT contained only two provisions on dispute settlement, Articles XXII and XXIII, and neither contained any specific procedure. These dispute settlement provisions formed the basis of both GATT jurisprudence and decisions of the GATT Contracting Parties. The GATT was a multilateral trade instrument that provided a valuable framework for removing barriers to international trade through multilateral trade negotiations called "trade rounds." The Uruguay Round of Multilateral Trade Negotiations (1986-1994) (hereinafter Uruguay Round) culminated in the creation of an international organization called World Trade Organization (WTO). 3 When the WTO started functioning in the beginning of 1995, it had the chance to fully benefit from the GATT dispute settlement legacy developed over almost half a century.

By reviewing the evolution of the procedural ...
 
 
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