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Yet, it should be noted that to a large degree, the current DSM has not been designed and created ?from the scratch' but was the result of the evolution of rules, procedures and practices developed over almost half a century under the GATT 1947.
Much of the reflection on the new dispute settlement has focused on the alleged "juridification" of the WTO...
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It has been stressed that prior to GATT, third party dispute resolution required the consent of the disputants both to begin the process and to accept its results. Those two features compromised foundational principles of the rule of law and on many occasions froze the utility of dispute resolution, especially for the meek and economically and politically feeble states...
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