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The settlement of disputes under the WTO. The experience of Latin America and the Caribbean
- Source: CEPAL Review, Volume 2005, Issue 86, Sep 2005, p. 61 - 82
- Spanish
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- 22 Sep 2005
Abstract
This article analyses the implications for the Latin America region of the dispute settlement procedure approved in 1994 by the Marrakesh Agreement Establishing the World Trade Organization (WTO). These implications are important because the region has become involved in a growing number of commercial disputes as its international trade has increased. The procedure applies to disputes between any of the 148 member countries over matters covered by the Agreement and the 29 multilateral agreements annexed to and forming an integral part of this. The present article highlights the ways in which the procedure differs from the old GATT rules and other international dispute settlement procedures. It describes the agreements that have generated the most disputes (anti-dumping, subsidies and countervailing measures, and safeguards), discusses United States policy in this area and details the disputes in which the Latin American countries have participated, with particular reference to Brazil.