The essay explains why the WTO dispute settlement system has been more successful than other principal international state-to-state dispute settlement systems (such as the International Court of Justice, for example). It further discusses the most beneficial reform proposals that would improve the functioning and results of the system.
Inhaltsverzeichnis (Table of Contents)
- Performance Assessment
- Comparing the Performance
- Powerful governments prefer
- The active use of the WTO DSS has
- Regarding implementation, the WTO stands out among other DSS as
- With a few exceptions (e.g. EC-Hormones and some TRIPS cases), the WTO DSS survived controversial cases reasonably well.
- Reform proposals
- During 16 years of operation, the weaknesses of the WTO DSS have been detected and various reform proposals were made.
- Most proposals regarding the period prior to a request for a panel (i.e. consultation-period) are an outcome of years of procedural experience and hardly disputed.
- Proposals to reform the panel-process are more comprehensive and sometimes very controversial.
- The most interesting reform proposals cover the implementation period and the possibility to retaliate if no implementation takes place.
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the performance of the WTO Dispute Settlement System (DSS) and compares it with other international state-to-state DSS. It evaluates the WTO DSS based on four criteria: its promotion of settlement, enhancement of certainty and stability, implementation of results, and public acceptance of results. The paper then analyzes reform proposals aimed at improving the system's efficiency and effectiveness.
- Performance of the WTO DSS in comparison to other international tribunals
- Implementation of WTO rulings
- Public acceptance of WTO decisions
- Reform proposals for the WTO DSS
- The role of transparency in the WTO DSS
Zusammenfassung der Kapitel (Chapter Summaries)
- Performance Assessment: This section analyzes the performance of the WTO DSS based on four key questions: its effectiveness in promoting settlement, enhancing certainty and stability, ensuring implementation of results, and achieving political and public acceptance. The WTO DSS is compared to other international state-to-state dispute settlement systems, highlighting its strengths and weaknesses.
- Powerful governments prefer: This sub-section focuses on the role of different actors in the WTO DSS. It emphasizes the preference of powerful governments for flexible diplomatic consultations, while businesses favor decisive rule-based systems. The paper also explores the significance of the WTO's compulsory and exclusive jurisdiction, comparing it to the voluntary jurisdiction of other international tribunals like the ICJ. The section concludes by analyzing the volume of cases filed at the WTO and its implications.
- The active use of the WTO DSS has: This sub-section examines the impact of the WTO DSS on predictability and stability in international trade. The paper highlights the role of case law and the Appellate Body in consolidating trading rules and preventing fragmentation of the law. The section also contrasts the WTO's approach to dispute resolution with arbitration under the ICSID Convention.
- Regarding implementation, the WTO stands out among other DSS as: This sub-section focuses on the implementation of WTO rulings. The paper emphasizes the binding timeframes for implementation and the quasi-automatic establishment of compliance panels in cases of non-compliance. The section also contrasts the WTO's implementation mechanisms with those of the ICJ and discusses the success rate of implementation in the WTO.
- With a few exceptions (e.g. EC-Hormones and some TRIPS cases), the WTO DSS survived controversial cases reasonably well.: This sub-section explores the challenges posed by controversial cases to the WTO DSS. The paper examines the political and public response to such disputes, highlighting the system's ability to withstand criticism and maintain its credibility. The section also explores the impact of controversial cases on the development of the WTO DSS.
- Reform proposals: This section focuses on reform proposals aimed at improving the WTO DSS. It divides proposals into three categories: pre-litigation, litigation, and post-litigation. The section explores specific proposals for enhancing transparency, streamlining procedures, increasing third-party participation, and strengthening enforcement mechanisms.
- During 16 years of operation, the weaknesses of the WTO DSS have been detected and various reform proposals were made.: This sub-section introduces the need for reform and outlines the key areas targeted by proposals.
- Most proposals regarding the period prior to a request for a panel (i.e. consultation-period) are an outcome of years of procedural experience and hardly disputed.: This sub-section examines proposals for improving pre-litigation procedures, focusing on enhancing transparency, ensuring timely resolution of consultations, and increasing the role of third parties.
- Proposals to reform the panel-process are more comprehensive and sometimes very controversial.: This sub-section analyzes proposals for reforming the litigation process, focusing on third-party rights, the establishment of a permanent panel body, and streamlining procedures.
- The most interesting reform proposals cover the implementation period and the possibility to retaliate if no implementation takes place.: This sub-section explores proposals for strengthening implementation and enforcement mechanisms, focusing on accelerating the implementation process, revising timeframes, and introducing alternative remedies to retaliation.
Schlüsselwörter (Keywords)
The main focus of this paper is on the WTO Dispute Settlement System (DSS), its performance compared to other international tribunals, and reform proposals aimed at enhancing its effectiveness. Key themes include international trade law, dispute settlement, implementation of rulings, transparency, and enforcement mechanisms. The paper examines the role of powerful governments, businesses, and developing countries in the WTO DSS.
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- MMMag. Thomas Obersteiner (Author), 2011, The WTO Dispute Settlement System, Munich, GRIN Verlag, https://www.grin.com/document/169300
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