Settlement of Commercial Disputes in the World Trade Organization (WTO)

Ma’en Juwaihan

doi:10.7176/jlpg/91-12

Abstract

The WTO Dispute Settlement Body is the cornerstone of the multilateral trading system. It is instrumental in stabilizing the global economy, it is a tool for resolving disputes and enforcing rules related to the organization, and makes the trading system safer and predictable. This system is based on clearly defined rules with a timetable for the hearing of the case.But this does not prevent the existence of disadvantages related to this body in terms of the way it operates and the threats related to the termination of the presence of the Appeal, which in turn may lead to the failure of the global system for the settlement of trade disputes between the countries of the world. Keywords: commercial disputes, World Trade Organization, WTO. DOI : 10.7176/JLPG/91-12 Publication date: November 30 th 2019

Highlights

1.IntroductionIn view of the weakness and ineffectiveness of the dispute settlement system under the GATT 1947, it was necessary to establish a new system for the settlement of trade disputes in order to avoid the shortcomings and gaps in the GATT
In view of the weakness and ineffectiveness of the dispute settlement system under the GATT 1947, it was necessary to establish a new system for the settlement of trade disputes in order to avoid the shortcomings and gaps in the GATT.a new system based on effective and specific rules and procedures for the settlement of trade disputes between member states was sought
A new system based on effective and specific rules and procedures for the settlement of trade disputes between member states was sought. This was achieved in the Uruguay Round, which was in the agreement establishing the World Trade Organization, which was signed in Marrakech in 1994

Summary

1.Introduction

In view of the weakness and ineffectiveness of the dispute settlement system under the GATT 1947, it was necessary to establish a new system for the settlement of trade disputes in order to avoid the shortcomings and gaps in the GATT. Article (21) paragraph (8) of the Memorandum of Understanding stipulates the rules and procedures governing the settlement of disputes (DSU) as follows: "The Dispute Settlement Body shall, in cases where the case is a developing country member and, when considering appropriate action, may take into account the commercial agreement covered by the proceedings in question and its effects on the Developing countries are concerned". It should be noted, that these judgments are not mandatory and should be considered as a recommendation for consideration when the dispute is settled by the arbitration teams.. The WTO has maintained diplomatic means in the settlement of disputes, known in international law as conciliation, mediation and good offices.

Characteristics of the dispute settlement system

Appeal by appeal

Implementation of Appellate Body recommendations and decisions

Conclusion