Abstract
This Note will focus on an aspect of the dispute settlement proceeding that has not been officially proposed for reform: the withdrawal of and amendments to measures being challenged by a complaining Member during the course of the proceedings. This aspect raises issues of judicial economy, state opportunism, and due process. In particular, this practice, where the respondent country to a dispute withdraws or amends the measure being challenged during the course of proceedings, threatens to undermine the legitimacy of the dispute settlement system as a fair and transparent adjudicating body.
Recommended Citation
Ana Frischtak,
Balancing Judicial Economy, State Opportunism, and Due Process Concerns in the WTO,
26
Mich. J. Int'l L.
947
(2005).
Available at:
https://repository.law.umich.edu/mjil/vol26/iss3/5