So far, so good: but what next? The Sutherland Report and WTO dispute settlement

This comment will focus primarily on the Sutherland Report's analysis of and recommendations for the WTO dispute settlement system. Before turning to the specific issue of dispute settlement, however, it is necessary to make a few introductory remarks regarding the objectives of the Sutherland Report, as well as its view of the future role of the WTO, including the dispute settlement system, in the international political system.

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European Communities – Measures Affecting the Approval and Marketing of Biotech Products

World Trade Review ◽

10.1017/s147474560800414x ◽

2009 ◽

Vol 8 (1) ◽

pp. 49-83 ◽

Cited By ~ 12

Author(s):

ROBERT L. HOWSE ◽

HENRIK HORN

Keyword(s):

Public Perception ◽

Dispute Settlement ◽

Settlement System ◽

Political Issue ◽

Wto Dispute Settlement ◽

Impossible Task ◽

Dispute Settlement System ◽

Regulatory Controls ◽

Biotech Products

AbstractThe EC-Biotech dispute exposed the WTO dispute settlement system to a more challenging test than any previous dispute. Not only did the Panel have to take a stand on the limits of science, or technocratic regulatory controls, to protect against objective risk, but in this regard faced more complex issues than ever addressed before by an adjudicating body. The dispute also concerned an extremely charged political issue, partly because of inherent ethical sensitivities with regard to foodstuffs, partly due to public skepticism about the role of science, and partly due to a common public perception of the complaint as being driven by the interests of an untrustworthy industry. Because of these and other challenges, the Panel faced an almost impossible task. This paper discusses how the Panel addressed some of these issues. The recently (after our report was drafted) decided appeal in EC–Hormones Suspension is likely to reduce the significance for WTO jurisprudence of some of the Panel's findings in EC–Biotech, given the apparently different approach of the AB to fundamental interpretative issues under SPS concerning the meaning of risk assessment and precaution.

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The pandemic is delaying solutions to the most pressing problems of global trade while creating new challenges

Mezhdunarodnaja jekonomika (The World Economics) ◽

10.33920/vne-04-2005-03 ◽

2020 ◽

pp. 22-29

Author(s):

A. Portanskiy

Keyword(s):

Global Economy ◽

Dispute Settlement ◽

Global Trade ◽

Economic Regulation ◽

Settlement System ◽

Appellate Body ◽

Wto Dispute Settlement ◽

New Challenges ◽

Dispute Settlement System

The article raises the question of the role of Global economic regulation institutions, in particular, the WTO after the Covid-19 pandemic. The author considers the aggravated modern problems of the WTO, and focuses on the crisis of the Organization that arose in December 2019 in connection with the suspension of the appellate body functioning in the WTO dispute settlement system. The author also tries to identify new challenges of the XXI century for the Global economy, regulatory institutions, as well as for Russia.

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China's role in WTO dispute settlement

World Trade Review ◽

10.1017/s1474745612000365 ◽

2012 ◽

Vol 11 (4) ◽

pp. 555-589 ◽

Cited By ~ 5

Author(s):

MATTHEW KENNEDY

Keyword(s):

Dispute Settlement ◽

Future Challenge ◽

Settlement System ◽

Wto Dispute Settlement ◽

Trading Partners ◽

Dispute Settlement System

AbstractThis study describes and analyzes trends in China's participation in the WTO dispute settlement system during the first ten years of its membership. China has used the system to challenge differentiated treatment of its exports by its two largest trading partners, a theme related to sensitive aspects of its accession negotiations. The study reviews the record of China's conformity to WTO dispute settlement practices, and its contribution to their development, and finds that China is playing the role of a ‘system-maintainer’. The study concludes by considering a future challenge that the emergence of this large new player may pose for the system.

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