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34 Vand. J. Transnatl. L. 963 (2001)
The Role of Lawyers in the World Trade Organization

handle is hein.journals/vantl34 and id is 977 raw text is: COMMENTS
The Role of Lawyers in the World
Trade Organization
Peter D. Ehrenhaft*
The World Trade Organization is a marvelously ambitious effort
of now 140 countries to bring the rule of law to international trade.
The WTO is a logical extension of the inspired ideas of the draftsmen
of the General Agreement on Tariffs and Trade (GATT), who
recognized at the end of World War II that the seeds of that
conflagration were sown, in part, by the chaotic condition of
international trade following World War I.
During that inter-war period, the United States adopted its
Antidumping Act of 1921 and its Smoot-Hawley Tariff Act of 1930.
Both survive to this day.      By 1934, however, the Roosevelt
Administration proposed reciprocal trade agreements intended to
soften the impact of the barriers to our markets those laws created.
The GATT was a logical extension of that concept, essentially
enshrining as the two keystones of freer trade national treatment
and most-favored nation commitments. Indeed, the GATT is
sometimes characterized as two paragraphs-with two thousand
pages of exceptions. The WTO Agreements now cover twenty-seven
thousand pages.
From the beginning, the GATT addressed the settlement of
disputes between trading nations. Disputes were recognized as
inevitable.  The GATT     dispute resolution procedure was part
mediation and part arbitration. It depended on the good offices of
experienced representatives of unaffected members to help the
disputing parties find common ground to settle their differences.
Increasingly, however, particularly representatives of the United
States sought a more rigorous procedure leading to a judgment that
one party was right and the other one was wrong-and the latter had
* Peter Ehrenhaft, a member of Miller & Chevalier, Chartered, a law firm in
Washington, D.C., is particularly interested in international MJP issues. He is a
member of the American Bar Association's MJP Commission, and served as Chair of an
Ad Hoc Committee of the ABA's Section of International Law Practice that prepared
the Resolution and Report urging the use of private counsel in WTO proceedings that
became ABA policy and is attached to those remarks.

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