The WTO’s Dispute Settlement System: Pathways for Reform

From being widely regarded as a template for other international dispute adjudication mechanisms, the Dispute Settlement System (DSS) of the WTO is now going through an existential crisis, specifically, though not exclusively, due to the deadlock on the Appellate Body of the WTO. The United States continues to block a decision to fill the vacancies in the Appellate Body and there is little traction on the issue of DSS reform. Against this background, the author seeks to highlight the problems with the legislative branch of the WTO. The article argues that a reform of the DSS would only be sustainable if substantive issues in WTO law are addressed. In this connection, the article discusses specific aspects concerning trade remedy disputes which constitute the bulk of the disputes brought before the DSS. DSS, trilateral statement, subsidies, trade remedies, Walker Principles, MPIA, RTA, anti-dumping, substantive changes, zeroing, non-discrimination.