The World Trade Organization and the Promotion of Effective Dispute Resolution: In Times of a Trade War

Abstract

This chapter focuses on dispute settlement in the field of international trade within the World Trade Organization (wto) along with the contribution of the wto to the resolution of foreign trade disputes in domestic systems. This discourse is set under the shadow of the current impasse in the wto, precipitated by the United States’ blocking of appointments of Members of the Appellate Body of the wto. In particular the chapter sheds light on the reasons for the US decision to block future appointments and possible legal analysis of the US actions. In this discourse the notion of a ‘trade war’ is explored along with the capacity of the wto to manage a trade war. The chapter concludes with the suggestion for a holistic approach to manage the current and future such crisis–with particular reference to the interface of the national security defence, both within the domestic and international legal regimes, with dispute settlement processes. This chapter does not purport to be exhaustive of the issues raised.