A functional approach to understanding panel dynamics in the W.T.O. dispute settlement process

by Emens, J. D.

A FUNCTIONAL APPROACH TO UNDERSTANDING PANEL DYNAMICS IN THE W.T.O. DISPUTE SETTLEMENT PROCESS By J. D. Emens The purpose of this dissertation is to investigate the nature of the Panel processes of the World Trade Organization. Examining the W.T.O. as an extension of its precursor, the General Agreement on Tariffs and Trade (GATT), two cases of the dispute of the dispute settlement processes are analyzed and compared. It is hoped that by using the case study method more can be learned about at what point in the dispute process actual Panel renderings are made. The conclusion of this dissertation is that it matters little where in the adjudication process renderings turn, rather, more importantly, the type of arguments used by either side (both cases involve India and the United States). Technical, rule-based, or substantive arguments won favorable recommendations from the Panels in both cases. This finding suggests that the move from the GATT to the WTO in 1995 was a significant change from a power and political bases Panel process to one that was more rule-oriented.