HOW EFFECTIVE IS THE DISPUTES SETTLEMENT PROCEDURE UNDER WTO Dissertation

HOW EFFECTIVE IS THE DISPUTES SETTLEMENT PROCEDURE UNDER WTO - Dissertation Example Criticism levied at the dispute settlement procedures under the WTO suggests that a need exists for trying to ensure speedy decisions, enhanced transparency, improvements in prospects for implementation and minimisation of costs associated with dispute settlement etc. Developing nations continue to lament about the previously mentioned inadequacies, but WTO Members have not met with much success in the form of a consensus to decide about how best to improve on dispute settlement under the WTO. Critics suggest that it is not possible to fix something that functions reasonably well and gradually all WTO Members have leaned towards presenting a greater trust in dispute settlement under the WTO. This dissertation presents a study to decide about the effectiveness of dispute settlement procedures under the WTO. Declaration I certify that, except where cited in the text, this work is the result of research carried out by the author of this study. ___________________________________________ __ Name and Signature of Author May 2011 This write - up is for a dissertation on Dispute Settlement Procedure for the World Trade Organisation. ... r WTO 24 2.3 Shortcomings of the Rules Based Approach in the Case of Dispute between United States of America and Antigua and Barbuda 27 2.4 WTO Panels and Panel Dynamics in the WTO Panel Review Stage 28 2.5 The WTO Appellate Body 36 2.6 DSB Review 37 2.7 Criticism and Concerns presented by Developing Nations 37 2.8 Retaliation as an Implementation Measure for WTO Rulings 47 2.9 Efforts directed towards improving the DSU and the WTO Dispute Settlement Procedures 49 2.10 Prospects for the Future 50 Chapter 3 Methodology 52 Chapter 4 Findings that Emerge from Research and Case Studies 58 4.1 The Sardines Case 66 4.2 The EC-Hormones Case 70 Chapter 5 Conclusions, Recommendations and Suggestions for Further Work 77 5.1 Limitations 65 5.2 Further Work 79 Bibliography/ References 81 List of Figures Figure 1: The WTO Dispute Settlement Process 8 (This page intentionally left blank) Chapter 1 – Introduction The Dispute Settlement Mechanism (DSM) of the World Trade Organisation (WTO), officially known as the Dispute Settlement Understanding (DSU), is the procedure for settling trade disputes between member states that join the WTO. 1 The DSM, hailed as a victory of law over politics at the time of its introduction on January 1, 1995, has nevertheless received its share of criticism and critics cite a need for enhancing third party rights, the introduction of an interim review stage, with less developed nations calling for less expensive dispute settlement that offers them fair protection. 2 The more controversial set of proposals presented for enhancing the DSU include proposals to enhance the judicial nature of the WTO dispute settlement by creating a permanent Panel body and proposals for enhancing member control over dispute settlement procedures. 3 In addition, proposals