Part III World Trade Law and Regional Trade Agreements, XX Dispute Settlement in the WTO

Subject(s):

Arbitral tribunals — International investment law — International monetary law — International trade

This chapter presents an overview of the World Trade Organization (WTO) dispute settlement system, in particular the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). As one of the key elements of the reform in the Uruguay Round, DSU addresses the weaknesses of the GATT 1947 regime. DSU depoliticizes the whole dispute settlement and essentially converts it into a quasi-judicial procedure. It also establishes a permanent Dispute Settlement Body. Furthermore, DSU facilitates the adoption of the findings and recommendations given by expert committees dealing with a dispute and introduces an appeal mechanism. In addition, DSU has sped up the entire dispute settlement process.