'Enhanced Third Party Rights in the WTO Dispute Settlement Understanding'

Antoniadis, Antonis

Abstract

This article examines the issue of enhanced third party rights in the WTO DSU. The origin of broader participatory rights in the GATT practice is explored. Further, in the early WTO jurisprudence and in particular, in EC – Hormones, the Appellate Body determined the conditions under which those rights should be granted and the content thereof. Their foundation on the discretionary authority of the Panels and on considerations of due process was thereby established. This contribution focuses on United States – 1916 Anti-Dumping Act, where the Appellate Body was offered the opportunity to elaborate on the issue in a case where claims of procedural prejudice were raised. In light of the unsatisfactory response of the Appellate Body, an analysis of the DSU provisions is undertaken and the argument that enhanced third party rights have a strong basis in the DSU is advocated. At the same time, the procedural and systemic importance of the issue is highlighted.

Citation

Antoniadis, A. (2002). 'Enhanced Third Party Rights in the WTO Dispute Settlement Understanding'. Legal issues of European integration, 29(3), 285-304. https://doi.org/10.1023/a%3A1021215510964

• Journal Article Type: Article
• Publication Date: Dec 1, 2002
• Deposit Date: Feb 22, 2008
• Publicly Available Date: Oct 14, 2016
• Journal: Legal Issues of Economic Integration
• Print ISSN: 0377-0915
• Publisher: Kluwer Law International
• Peer Reviewed: Peer Reviewed
• Volume: 29
• Issue: 3
• Pages: 285-304
• DOI: https://doi.org/10.1023/a%3A1021215510964
• Keywords: Third party rights, procedural rights, DSU, WTO.
• Public URL: https://durham-repository.worktribe.com/output/1599331
• Publisher URL: http://www.kluwerlawonline.com/productinfo.php?pubcode=LEIE