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Status of non-governmental entities and dispute settlement mechanism of the WTO : an analysis with special reference to amicus brief controversy

A central feature of the World Trade Organization (WTO) is its Dispute Settlement Mechanism (DSM). Access to the DSM is presently limited to member governments; other entities such as NGOs are not eligible to be WTO Members and, consequently, are denied formal participation in the dispute settlement process. However, non-governmental entities have been afforded a limited opportunity to express their views through the submission of amicus briefs in dispute settlement proceedings. There are concerns, in particular on the part of Developing Countries, over the Appellate Body's authority to confer such a role to these entities. This paper aims to analyze the issues surrounding the status of non-governmental entities at the WTO level with respect to the DSM, how its Appellate Body is interpreting the law of the WTO, and how far the criticism of Developing Countries towards the Appellate Body's interpretation of WTO law is justified.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.80930
Date January 2003
CreatorsHussain, Anwaar
Contributorsde Mestral, Armand (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 002085506, proquestno: AAIMQ98795, Theses scanned by UMI/ProQuest.

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