Introduction
Dispute resolution under GATT 1947 was governed by Articles XXII and XXIII, which set up a system of consultation for the settlement of disputes between member nations. The dispute settlement system under GATT evolved over time and there were additional documents and legal instruments created to incorporate the changes. Examples of these include the 1966 Decision on Procedures under Article XXIII, which approved procedural changes to help developing countries proceed in the dispute settlement process, and the 1979 Understanding Regarding Nullification, Consultation and Dispute Settlement, which codified many of the customary dispute settlement practices that had been developed over the years. Part of the customary practice was to have the case heard by a panel of experts when consultations did not resolve the matter.
Even with the changes in the GATT procedure, the dispute settlement process was not considered satisfactory. Therefore, one of the mandates at the Uruguay Round was to strengthen and improve the rules and procedures for dispute settlement. The intent was to make the rules more concrete, so that it would be possible to have a more consistent application.
The basis for the WTO dispute settlement process is the Understanding on Rules and Procedures Governing the Settlement of Disputes [generally referred to as the DSU], which appears as Annex 2 of the WTO Agreement. Under the DSU, member countries can engage in consultations to settle disputes arising out of any of the WTO agreements or they can have a WTO panel hear the case. Under the DSU, panel decisions can be appealed to the Appellate Body. Additionally, unlike under GATT, WTO final decisions must be adopted unless there is a unanimous vote of all members not to do so.
Introductory Resources
To see more background and reference works available at Diamond Law Library, including older editions, please try these searches on Pegasus:
- Any Field: GATT AND Any Field: dispute settlement
- Title: GATT AND Title: dispute settlement
- Any Field: WTO AND Any Field: dispute settlement
- Title: WTO AND Title: dispute settlement
You can find a selected list of publications below.
Dispute Settlement in the World Trade Organization (e-book) by Publication Date: 2004This volume provides a comprehensive introduction to the dispute settlement policies of the WTO. There are sections discussing the Dispute Settlement Body, the Appellate Body, the respective jurisdictions and the sources of law for the WTO decisions. The book contains analysis of all the stages of the dispute settlement process. It is clearly and understandably written and can serve as a good resource for beginning research into WTO's dispute settlement rules and procedures. There is a detailed index and table of contents, as well as a bibliography for additional resources.
International Trade Law and the GATT/WTO Dispute Settlement System by Call Number: JX1976.W6 In81 1997Publication Date: 1982This book is intended to serve as an introduction to the dispute settlement procedures of the WTO. It begins with a history of dispute settlement policies of GATT beginning in 1947 and proceeds to a discussion of the current system under the WTO. Part two of the book explores dispute settlement practice in specific subject areas, such as anti-dumping, intellectual property and restrictive business practices. The book also discusses the WTO dispute settlement system in conjunction with the regional trade agreements and domestic courts. The book is clearly written, well-organized and would serve as a good introductory resource.
WTO/GATT Dispute Settlement by Call Number: JX6279 P43 1997Publication Date: 1997This is a loose-leaf set. The purposes of the book are to provide an explanation of the dispute settlement procedures of the WTO and to provide access to dispute settlement instruments from both GATT and the WTO. The set also includes summaries of the dispute settlement decisions with references to where the full decision is published. There is a comprehensive introduction which discusses the evolution of the dispute settlement system from the original GATT to the current DSU under the WTO. In the introduction there are extensive footnotes with citations for locating the founding documents as well as references for further research.
A Handbook on the WTO Dispute Settlement System (e-book) by Publication Date: 2017The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
- Training Module for the Dispute Settlement SystemThe WTO website has training module for the Dispute Settlement System. It is designed to provide an overview and understanding of the dispute settlement mechanism of the WTO. It is possible to proceed through the sections in sequence. Alternatively there is an expandable table of contents for the researcher select specific sections of interest.
Legal Texts
The WTO Dispute Settlement Procedures (e-resource) by Publication Date: 2012The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts, decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted, including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work, which includes cross-references and a subject index, will prove invaluable to anyone working in WTO dispute settlement, including lawyers, civil servants working in the field of trade, economists, academics and students. This edition has been fully updated to take account of revised rules and procedures.
Dispute Resolution Decisions
It is important to note that panel decisions can be very long and that not all printed versions of them contain the full text of the decision. Print volumes may contain summaries or excerpts of the decisions. The decisions in print may omit addendums and annexes that have been included by the WTO panel for the sake of completeness.
A good place to find the full text of the decisions is the WTO website. Another reason to use the site is that the WTO considers it an official source of documentation. However, this site is not the most straightforward, so that having the name of the case is helpful. Within the WTO page, it is important to go directly to the panel decision page, rather than the official documents page because the panel decision page provides easier access to the decisions. It is also possible to access the GATT panel decisions through this site.
As noted above, panel decisions can also be found on Lexis, Westlaw and WorldTradeLaw.net. These resources generally have better search capabilities than the WTO site. Therefore, it is advisable to use them when one is looking for more than just a specific case.
- World Trade Organization dispute settlement decisions : Bernan's annotated reporter by Call Number: K4600 .W67 1998Publication Date: 1998-Bernan's series is intended to provide access to the decisions of the WTO's Dispute Settlement Body. This is an unofficial source for decisions. However, it is a good source because it includes all panel decisions and annotations. The decisions are set forth in chronological order. There are volumes devoted to annotations and case notes and these also contain indexes to the rest of the series. The annotation volumes also have useful cross-reference tables for treaty provisions interpreted and member country involvement in disputes.
- The international trade law reportsCall Number: K3943.A15 I58Publication Date: 1996-This loose series contains panel reports of the WTO. Begun in 1996, it is currently six volumes organized by year. Within each volume cases are presented in chronological order. For each case, there is commentary, the panel report and the appellate body report. The commentary includes a discussion of the facts in the dispute and the findings of the panel, as well as legal and economic analysis of the panel's decision.
- Basic instruments and selected documents / General Agreement on Tariffs and Trade by Call Number: K4602 .B37x 1952Publication Date: 1952-1969Beginning in 1952, this series provided access to the text of the agreements that established GATT and set forth the procedures followed therein. After the first edition, the books provided decisions and reports from GATT panels and committees and an updated list of the contracting parties. Indexes are provided in the supplement volumes to assist in finding relevant decisions. The supplements generally cover two to three year periods, with selective editions for individual years. The publication stops after the 42nd supplement in 1995.
- WorldTradeLaw.netWorldTradeLaw.net offers a free library of current trade news and resources, as well as a subscription service (the DSC Service), which provides summary and analysis of all WTO reports and arbitrations; a current keyword index; a database of dispute settlement tables and statistics; and a user-friendly search tool for WTO cases, legal texts, and other documents.