From CJEU to WTO-type Dispute Resolution Dr. Holger P. Hestermeyer, - PowerPoint PPT Presentation

From CJEU to WTO-type Dispute Resolution Dr. Holger P. Hestermeyer, LL.M. (Berkeley) Shell Reader in International Dispute Resolution NIESR UK After Brexit 9 March 2017

Why provide for dispute settlement in a Free Trade Agreement?

2 months consultation, mediation etc. 1 ½ months Panel set up, panellists appointed 8 ½ months Panel report adopted 3 months Appellate Body Report adopted 1 month state intentions Reasonable period time for implementation (possible dispute settlement) No implementation compensation / retaliation

Direct effect / Public Effect supremacy International Law Individuals Standing Commission States Member States Annullment, State liability, Retaliaton Remedy Penalites for non- compliance

What does a shift from an ECJ-type system to a WTO-type system mean for exporters?

Direct effect / Public Effect supremacy International Law Individuals Standing Commission States Member States Annullment, State liability, Retaliaton Remedy Penalites for non- compliance

Thank you! Holger.Hestermeyer@kcl.ac.uk @hhesterm