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DEDICATION
TITLE 1
TITLE 2
DECLARATION
CERTIFICATE
ACKNOWLEDGEMENT
CONTENTS
LIST OF FIGURES
LIST OF TABLES
Preface
1. Legalisation of International Economic Relations
1.1 The World Trade Organisation: Victory for Legalists
1.2 DSB Rulings as International Legal Obligation
1.3 Legalisation and Sovereignty
2. The GATT Dispute Settlement Mechanism
2.1 The International Trade Organisation (ITO)
2.1.1 The International Trade Organisation: Its Structure and Functions
2.1.2 Dispute Settlement under ITO
2.2 General Agreement on Tariff and Trade (GATT)
2.2.1 Dispute Settlement Procedures
2.2.2 Development of Panel System
2.2.3 Dispute Adjudication by GATT: How the Panel works
2.2.4 GATT Dispute Settlement System: Analytical History
2.1 Pre-WTO Dispute Settlement Procedures
2.2.5 Defects of GATT
3. WTOS Dispute Settlement Machanism: The Constitutional Framework
3.1 GATT and WTO: Major Differences
3.1.1. Unifled Package of Agreements
3.1.2.Expansion of GATT
3.1.3. Expansion of Membership
3.2 Organisational Structure of WTO
3.1 Membership in GATT during different rounds
3.2.1 Organisational Structure
3.1 The World Trade Organisational Tree
3.2.2 Decision by Voting
3.3 WTOs Dispute Settlement Mechanism
3.2 Decision-Making in the WTO
3.3.1 General Provisions
3.3.2 Consultations
3.3.3 Good Offices, Conciliation and Mediation
3.3.4 Establishment of Panels
3.3.5 The Panel Process
3.3.6 Adoption of the report
3.3.7 Appellate Review
3.3.8 Time frame for DSB decisions
3.3.9 Surveillance of implementation of recommendations and rulings
3.3.10 Retaliation
3.3 Agreements and sectors for Retaliation purposes
3.3.11 Arbitration
3.3.12 Non-Violation Nullification and Impairment Complaints
3.3.13 Responsibilities of the Secretariat
3.3.17 Implementation
3.4 Trade Policy Review Mechanism (TPRM)
3.5 Major Constitutional Issues
3.5.1 Stare Decisis in WTO Law: A Myth
3.5.2 Ambiguity of Non-Violation Cases
3.6 Dispute Settlement Mechanisms of GATT and WTO: A Comparative Analysis
3.6.1 A Unified vs. Multiple Dispute Settlement Mechanisms
3.6.2 Prescribed Time Limits for dispute adjudication
3.6.3 Existence of an Appellate Body
3.3 WTO Dispute Settlement Procedures and Deadline
3.2 WTO Dispute Settlement Procedure
3.6.4 Effective Enforcement Measures
4. WTO Dispute Settlement Mechanism: The Performance (1995-1999)
4.1 Overview of Disputes (as of 1 January 2000)
4.1 Status of disputes
4.2 Major Players involved in the WTO Disputes
4.2.1 Developed Countries, developing countries and least developed countries
4.2.2 Top Five litigants
4.1 Top Five Participants in the Dispute Settlement System
4.2 Top Five Litigants among the Developing Countries
4.3 Participation of developed countries / developing countries/ least developing countries in WTO dispute settlement system
4.2.3 WTO Dispute Settlement Mechanism and the Developing Countries
4.3 Performance of the Dispute Settlement Mechanism: The First Five Years
4.3.1 Consultations
4.3.2 The Panel System: First Five Years
4.2 Number of Requests for Consultations (1995-1999)
4.4 Number of Requests for Consultations (1995-1999)
4.3.3 The Appellate Body
5. Dispute Adjudication in TRIPS (1995-1999)
5.1 The TRIPS Agreement
5.2 The TRIPS Disputes
5.1 The TRIPS Cases (1995-1999)
5.2.1 Mutually Agreed Solutions
5.2.2 Inactive cases
5.2.3 Disputes that reached PaneVAppellate Body Stage
5.3 Conclusion
6. Enforcement of DSBs Rulings: A Case Study
6.1 Indian Legal System
6.2 TRIPS as a tool of retaliation
6.3 Conclusion
CONCLUSION
Selected Bibliography
APPENDIX