The WTO Dispute Settlement System: Consolidating Success and Confronting New Challenges

Abstract

This paper takes stock of the operation of the WTO dispute settlement system (DSS) in its first 20 years since it was established in 1995. After briefly reviewing the very considerable results achieved to date, it goes on to discuss a number of problems that have emerged lately in the dispute settlement process and the challenges that confront WTO members in the coming years. Proposals are made for dealing with both immediate constraints, such as reducing delays in panel findings and avoiding the pitfalls of Appellate Body members reappointment process, and the longer-term challenges of ensuring the sustainability of the DSS especially considering the challenges facing the WTO global system from bilateral, regional and multilateral approaches to international regulation of trade and market access.

Keywords: WTO, Appellate Body, trade, market access, DSS