MJIEL Vol 4 Issue 2 2007 - Article 1

Abstract:

This article reviews the background of the WTO dispute settlement system and its current procedures as the basis for a discussion of the ongoing reform process in the light of the fear expressed by developing countries that the strengthening of the system will reinforce the perceived bias of the WTO Agreements against their interests.

The reform of the system was supposed to have been finished in 1999 but is still ongoing and has yielded a high number of proposals dealing a wide range of issues and touching on almost every article of the DSU. The article first analyses the reform process; subsequently the proposals dealing with transparency and justice before turning to the many proposed procedural changes. The final sections analyse the enforcement mechanism.


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