Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law School Inter-University Graduate Conferences, Lectures, and Workshops Student Conference Papers 4-3-2004 Private parties and WTO Dispute Settlement System Alberto Alemanno Harvard Law School,
[email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/lps_clacp Part of the Antitrust and Trade Regulation Commons, and the Dispute Resolution and Arbitration Commons Recommended Citation Alemanno, Alberto, "Private parties and WTO Dispute Settlement System " (2004). Cornell Law School Inter-University Graduate Student Conference Papers. Paper 1. http://scholarship.law.cornell.edu/lps_clacp/1 This Article is brought to you for free and open access by the Conferences, Lectures, and Workshops at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law School Inter-University Graduate Student Conference Papers by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. Private parties and WTO Dispute Settlement System Who bears the costs of non -compliance and why private parties should not bear them Alberto ALEMANNO “The duty to keep a contract … means a prediction that you must pay damages if you do not keep it-and nothing else ” Oliver Wendell Holmes, Jr., The path of the law , 10 HARVARD L. R. 457 (1897) 1. Introduction The WTO system, by providing rules addressed to both States and private parties, represents the most sophisticated legal framework ever conceived to govern global trade1. Unlike many other international organizations, the WTO has a dispute settlement system characterized by compulsory jurisdiction, strict time frame, automatic decision-making process 2, and is based on a two -tier mechanism of panels of first instance and an Appellate Body (AB).