The WTO dispute settlement body

Abstract

was asked by Gabrielle Marceau to contribute to this project because I have been working as Secretary (and previously Deputy Secretary) of the WTO Dispute Settlement Body (DSB) since its establishment upon the entry into force of the WTO Agreement on 1 January 1995. As I will explain in more detail below, the DSB is the body where WTO members take decisions and express views on a wide range of dispute-related matters. It is a key institution of the WTO, which has been praised by the membership as well as by international trade scholars and practitioners. It is through the DSB that WTO members have implemented the ‘quasi-automatic’ elements of the WTO dispute settlement mechanism (DSM), which were designed to address the weakness of the DSM under the General Agreement on Tariffs and Trade (GATT). Moreover, it is through the DSB that WTO members have ensured that WTO dispute settlement is compulsory and that its results are binding. The DSB also serves as a forum where members express their views on systemic, substantive and procedural issues.