RESOLVING TRADE DISPUTES IN A GLOBALIZED WORLD: THE EFFICACY AND CHALLENGES OF THE WTO DISPUTE SETTLEMENT MECHANISM
Abstract
The World Trade Organization (WTO) stands at the heart of global trade governance, providing a framework for the liberalization and regulation of international trade. Central to its mandate is the Dispute Settlement Mechanism (DSM), which ensures that trade rules are respected and disputes are resolved in a structured, legal manner. This mechanism, often described as the "crown jewel" of the WTO, underpins the organization's credibility and facilitates a rules-based trading system. Yet, as international trade becomes increasingly complex, the WTO DSM faces significant challenges, necessitating a comprehensive reevaluation of its operations, relevance, and adaptability.
Keywords
WTO, dispute settlement, consultationsHow to Cite
References
Peter Van den Bossche ‘The law and policy of the World Trade Organization’ Text, Cases, and Materials, Fifth Edition, Cambridge University Press, 2022, p.173.
World Trade Organization ‘A Handbook on the WTO Dispute Settlement System’, 2nd Edition , pp 3-3, January 2017
See The development of the dispute settlement system traces its origins to the General Agreement on Tariffs and Trade (GATT) of 1947. Over nearly five decades, this mechanism underwent significant evolution, forming the foundation of the contemporary trading system. The original framework was primarily governed by Articles XXII and XXIII of the GATT 1947, which provided the procedural basis for addressing trade disputes among member states.
See Articles XXII and XXIII of General Agreement on Tariffs and Trade (GATT), 1947.
See Understanding on rules and procedures governing the settlement of disputes (DSU), Annex 2 of the WTO Agreement
https://guides.ll.georgetown.edu/c.php?g=363556&p=3915307
Article 4 (7) of the DSU.
Ibid.
Article 17 of the DSU.
See Article 16 (4) of the DSU.
Article 17 (14) of the DSU.
See Articles 16 and 17 of the DSU.
See Article 22 of the DSU.
See Article 16 of the DSU.
See also Peter Van den Bossche “The law and policy of the World Trade Organization” Text, Cases, and Materials, Fifth Edition, Cambridge University Press, 2022, p.177.
Article 4 (7) of the DSU.
See Articles 7, 8 and 17 of the DSU.
See Article 3 (2) of the DSU.
See ibid.
https://www.chathamhouse.org/2020/09/reforming-world-trade-organization/04-dispute-settlement-crisis
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