The WTO Dispute Settlement Body A Decade of Hard Work

1
The WTO Dispute Settlement BodyA Decade of Hard
Work

• Amin Alavi, Ph.D. Researcher
• Copenhagen University
• Danish Institute for International Studies

2
(No Transcript)
3
Q. Does it work?

• Developing countries
• Compliance

A. Yes and No and Maybe
4
3 Steps and a Jump

• First things first
• How is it used?
• Is it a success?
• A possible future scenario

5
Some Generalities

• Countries define themselves developing.
• DSB is a rule-based system.
• DSB is as strong as the member-states want it to
  be.
• Retaliation is not the point.
• Cases have legal and political aspects.

6
3 Steps and a Jump

• First things first
• How is it used?
• Is it a success?
• A possible future scenario

7
(No Transcript)
8
Who is using it?
9
Against whom?
10
The battleground
11
Types of Cases
12
The picture

• Developing Countries
• are more active now.
• many pending cases.
• settle v other developing countries
• Comply to the rulings
• And achieve compliance if they hang on
• Developed Countries
• Are not the most active users anymore.
• Most cases against other developed countries
• Either settle during consultations or against
  each other they go all the way

13
3 Steps and a Jump

• First things first
• How is it used?
• Is it a success?
• A possible future scenario

14
Is it a success?

• Quick settlement
• (art. 3.3)
• No
• Satisfactory/positive solution (3.4 3.7)
• Yes
• Compliance (3.7.)
• Most likely (it may take a while though).
• Regarding Developing countries
• ?

15
3 Steps and a Jump

• First things first
• How is it used?
• Is it a success?
• A possible future scenario

16
The coming battle

• Developing countries will be the prime users.
• Longer implementation time.
• But higher compliance/settlement rate.
• The political use of the system will increase.

17
(No Transcript)
18
Next move?

• Forget about retaliation and special status and
  do not be afraid of increased legalization of the
  system.
• But go for
• Streamlining the process
• Achieving relevant assistance
• Establishing infrastructure
• Learning the system
• Using the system

19
Thanks for listening