The DSU in the Next 50 Years: Fundamental Reform or Internal Adjustment?

Abstract

It is agreed by most scholars, member states and the Geneva bureaucracy itself that the WTO DSU rules need to be changed to fit the new development of international trade since the current system can hardly reach the world’s requirements of justice, consistency, effectiveness and transparency. However, these problems can be solved by slight adjustment of the system, including the activism of the WTO system, member states and panellists in the application of the DSU rules. Moreover, the time and monetary cost of this kind of adjustments are much less than fundamental reform. Besides, slight changes via legal practice can also avoid political intrigues in diplomatic activities, which may occur in the fundamental reform. As a result, the WTO and the international community ought to devote themselves to adjusting the DSU rules rather than discuss fundamental changes.