Exploring alternatives to the World Trade Organisation's dispute resolution mechanisms

Abstract

This mini-thesis investigates the alternatives that members can explore in resolving international trade disputes, given the Appellate Body (AB) crisis prevailing at the once hailed "jewel crown" of the World Trade Organisation (WTO) system. It analyses the effectiveness of the WTO dispute settlement system over 25 years of existence in four areas: (1) efficacy of dispute resolution; (2) inclusiveness of the dispute settlement process; (3) compliance with WTO obligations; and (4) legislative-judicial balance in dispute settlement. The study also addresses the perennial procedural- and substantive problems, the current AB problem faced by the WTO conflict resolution system, and the options available to resolve these issues. The mini-thesis also describes and addresses alternatives to the conflict resolution structure in the WTO. The ultimate conclusion is that alternative methods are temporary solutions and members should continue to work towards breathing new life into the AB, strengthening consultations and negotiating the much-needed changes to the WTO framework in general.