The Dispute Settlement System under World Trade Organization

Anil Kumar

Abstract


The best international agreement is not worth very much if its obligations cannot be enforced when one of the signatories fails to comply with such obligations. An effective mechanism to settle disputes thus increases the practical value of the commitments the signatories undertake in an international agreement. The fact that the Members of the (WTO)established the current dispute settlement system during the Uruguay Round of Multilateral Trade Negotiations underscores the high importance they attach to compliance by all Members with their obligations under the WTO Agreement. Settling disputes in a timely and structured manner is important. It helps to prevent the detrimental effects of unresolved international trade conflicts and to mitigate the imbalances between stronger and weaker players by having their disputes settled on the basis of rules rather than having power determine the outcome. Most people consider the WTO dispute settlement system to be one of the major results of the Uruguay Round. After the entry into force of the WTO Agreement in 1995, the dispute settlement system soon   gained practical importance as Members frequently resorted to using this system. In this research paper, main emphasis has been made to understand the dispute settlement system of WTO. Data has been collected from multiple sources. Many research papers, journals, websites, news papers and books have been consulted. 


Keywords


World Trade Organization (WTO), Dispute settlement system , Dispute Settlement Understanding (DSU) , Dispute Settlement Body (DSB).

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References


Bhala Raj and David A. Gantz , 'WTO CASE REVIEW 2003', Arizona Journal of International & Comparative Law Vol 21, No. 2 2004

Bierman, L. [reviewing the book ] Trade Policies and Developing Nations. By Anne O. Krueger.

Washington. The Brookings Institution, 1995. Northwestern Journal of International Law and

Business. ISSN 0196-3228. 1996, Spring, 547-552.

Binch,Toronto, Ontario,Revised in June 2000 from a paper presented at the Inter-Pacific Bar

Association 10th Annual Conference from http://www.mcmillanbinch.com/Upload/Publication/The%20Contribution%20of%20WTO%20Appellate%20Review_Campbell_0600.pdf

Bourgeois JHJ , Akin, Gump, Strauss, Hauer & Feld ,Journal of International Economic Law, Volume 4, Issue 1,

Bowny Chad P. On the Economic Success of GATT/WTO Dispute Settlement Department of

Economics and Graduate School of International Economics and Finance Brandeis University December 2001JEL No. F13

Breuss Fritz ,WTO Dispute Settlement in Action: An Economic Analysis of four EU-US Mini Trade Wars Vienna University of Economics and Business Administration Althanstrasse 39-45 A-1090 Vienna/Austria Breuss Fritz,

Breuss Fritz, WTO Dispute Settlement from an Economic Perspective – More Failure than Success? Paper Nr. 39 October 2001

Brewer, T. L., and S. Young International trade WTO disputes and developing countries. Journal of World Trade. ISSN 1011-6702. 1999, 33(5), 169-182.

Brimeyer, B. L. Bananas, Beef, and Compliance in the World Trade Organisation : The inability of the WTO Dispute Settlement Process to Achieve Compliance from Superpower Nations. Minnesota Journal of Global Trade, 2001, Winter, 133-168.

Bronckers Marco, cited in Barfield Claude E., WTO Dispute Settlement System in Need of Change, available at http://www.aei.org/news/newsID.14115/news_detail.asp

Busch Marc L. and Eric Reinhardt. Third Parties and WTO Dispute Settlement

Busch Marc L., Eric Reinhardt, Developing Countries and General Agreement on Tariffs and

Trade/World Trade Organization Dispute Settlement, Journal of World Trade 37(4): 719–735,

( Kluwer Law International. Printed in The Netherlands.)


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