Description
(Text)
This book provides a comprehensive study of consultation procedures within the dispute settlement system of the World Trade Organization. It offers in-depth analysis of diplomatic practices relating to what has been a poorly explored and researched part of the Dispute Settlement Understanding. Findings are supported by interviews with representatives of several Member States. The author analyses its relationship to panel proceedings and uses comparative studies with other parts of international law. The study particularly focuses on a Chinese perspective which has placed strong emphasis upon consultation and negotiated settlements. With its theoretical and practical insights, the book will be of equal use to scholars, diplomats and government officials alike.
(Table of content)
Contents: Overview of Dispute Settlement in International Law - Controversial Legal Nature of Consultations and Negotiations - Two Concepts - Use of Consultations in International Law - A Duty to Consult - Good Faith in Consultations - Case Studies of Consultations in International Law - The WTO as an International Organisation - DSM within the GATT/WTO - General Assessment of the Role of Consultation in the GATT - Present Practice of the Delegations - Overview of the Consultation Stage of the DSU - Assessment of Consultations in the GATT/WTO - Linkage between the Panel and Consultation Stages.
(Review)
"Dr. Qi Zhang's book 'Consultation within WTO Dispute Settlement: A Chinese Perspective' based on her doctoral dissertation provides an important contribution to the academic research on consultation proceeding of the WTO dispute settlement system." (Naigen Zhang, Manchester Journal of International Economic Law)
(Author portrait)
The Author: Qi Zhang obtained a bachelor of law at Fudan University, Shanghai, China and a LL.M. at the University of Sheffield. She was a researcher at the World Trade Institute in Berne and obtained her doctoral degree from the Faculty of Law of the University of Berne, Switzerland in 2004. The author has practical work experience in UNCTAD and the trade division of a large state owned company in Shanghai. Upon completing her dissertation, the author pursued further research as a visiting fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany.
