ABSTRACT
This study critically examines the dispute settlement mechanism of the World Trade Organization and analyzes its effectiveness in resolving international trade disputes. The research explores the legal framework, structure, and functioning of WTO dispute settlement proceedings, with particular emphasis on the principles of fairness, transparency, and enforceability. It further evaluates the role of the Dispute Settlement Body and the Appellate Body in maintaining stability within the global trading system. The study also highlights contemporary challenges affecting the mechanism, including delays in dispute resolution, non-compliance by member states, political influence, and the recent crisis arising from the paralysis of the Appellate Body. Through analytical and doctrinal methods, the research assesses the impact of these challenges on international trade governance and developing countries. The paper concludes by suggesting reforms to strengthen the efficiency, credibility, and sustainability of the WTO dispute settlement system in the evolving global economic order.
Introduction
This chapter discusses the various stages of the dispute settlement proceedings. This involves initial consultation between the disputants. Adjudication by panel and then Appellate Body recommendations by for adoption and implementation of the recommendation are part of the proceedings. The above matter will be discussed hereunder.
There are four separate stages involved in the WTO dispute settlement proceedings. They are,
- Consultation
- Panel Proceedings
- Appellate review proceedings, and
- Implementation and enforcement of recommendation of the panel and Appellate Body, as adopted by the DSB.