The Rule of Law or the Rule of Lawyers?

Abstract

The dispute settlement system of the WTO was faced with major challenges in its first few years. It has functioned very well in spite of serious pressures from the sheer number of cases that were brought; the increasing complexity and economic significance of disputes; the strict,short timeframes for each step in the dispute settlement process; and a shortage of adequately trained resources. Despite political challenges, the record of compliance for WTO disputes has been good. It is undeniable that there is a growing 'juridification' taking place within the WTO dispute settlement system. A respected clarification process, governed by the principles of due process and procedural fairness, is fundamental to ensuring and maintaining the legitimacy of the WTO as an international rules-based system. The recognition that the WTO is a system of law is critical to preserving its nature as a rules-based international system.