MJIEL Vol 1 Issue 2 2004 - A5


Abstract:

 The WTO Dispute Settlement Understanding has been under continuous review since its inception. The WTO members confirmed in the current negotiations on the DSU, as set out in the Framework Agreements agreed at the end of July 2004, that the review process should continue. This article intends to give an overview over the reform debate and its history, and comment on current developments of the reform process under the Doha Development Agenda. The reasons for review and the main issues of the debate shall be identified, and possible results of the continuing process assessed. It will be shown that the intrinsic tension in the dispute settlement mechanism between a legal model and a diplomatic model of settling disputes not only featured at the inception of the review process, but can still be discerned in the tabled proposals. This tension will also colour the outcome of the negotiations.


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