The Doha Development Agenda on Disputes Resolution

Julien Chaisse, Paul Cézanne University, Aix-en-Provence (France)

Abstract

The basic objective of establishing WTO in 1995 was to expand the volume of global trade and in order to ensure speedy and impartial resolution of disputes concerning trade-distorting policies in member countries, Dispute Settlement Mechanism (DSM) was made a central feature of the agreement. Enshrining provision of compulsory jurisdiction, and creating a system with a unified and integrated framework with much broader jurisdiction and less scope for “rule shopping” and “forum shopping”, it was made a key element, a safety valve, of WTO. The compulsory enforcement of the final Dispute Settlement Body (DSB) verdict also strengthens the legitimacy of multilateral trading system to a great extent. The review of the working of DSM is currently in progress. However a number of members, mostly developing countries, are dissatisfied with certain procedural, legal and enforcement-related impediments, during and after a dispute, namely – permanent panelists, remand, amicus curiae submissions, legal cost, cross-retaliation etc. The developing country members believe that these issues may be addressed within the framework of Paragraph 30 of the Doha Ministerial Declaration and the Dispute Settlement Understanding (DSU) should be accordingly reformed in May 2004, at the end of negotiations. India, which has made two submissions to WTO, also believes that the DSM should be modified in order to effectively protect developing country interests.