The WTO and Rules-Based Dispute Settlement: Historical Evolution, Operational Success and Future Challenges

21 Pages Posted: 19 Jun 2014 Last revised: 20 Jun 2014

See all articles by William J. Davey

William J. Davey

University of Illinois College of Law

Date Written: June 18, 2014

Abstract

The World Trade Organization has essentially three functions – first, negotiations on trade matters; second, oversight of existing WTO agreements; and third, dispute settlement. The WTO’s negotiation function has broken down and its oversight function, while useful and valuable, is the least visible and least significant of the three functions. Thus, the credibility of the WTO as a functioning international organization essentially depends on ensuring the effectiveness of its dispute settlement function. This paper briefly traces the historical evolution of the GATT dispute settlement system and then considers the current state of the WTO dispute settlement system – how effectively has it operated to date and what operational and procedural problems have arisen? It concludes by examining the challenges the WTO dispute settlement system will face in the coming years, considering, in particular, whether the system will be able to resolve effectively disputes between the major powers – the United States, the European Union and China.

Suggested Citation

Davey, William J., The WTO and Rules-Based Dispute Settlement: Historical Evolution, Operational Success and Future Challenges (June 18, 2014). Illinois Public Law Research Paper No. 14-41, Available at SSRN: https://ssrn.com/abstract=2456265 or http://dx.doi.org/10.2139/ssrn.2456265

William J. Davey (Contact Author)

University of Illinois College of Law ( email )

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