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

Antoniadis, Antonis

doi:10.1023/a:1021215510964

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

Antoniadis, Antonis

Authors

Antonis Antoniadis

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
Electronic 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.
Publisher URL	http://www.kluwerlawonline.com/productinfo.php?pubcode=LEIE