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WTO DS Reform

11 posts

The U.S. Comments On the MPIA and Treaty Interpretation

At the December 19 DSB meeting, the U.S. tied one of its broad criticisms of the WTO dispute settlement system to a recent criticism by another WTO Member of a specific MPIA award: • We would like to make one further point in response to the interventions we just heard

WTO Dispute Settlement and Certainty

At the always excellent Georgetown Law International Trade Update last week, there was a "Fireside Chat" between Demetrios Marantis (former Deputy U.S. Trade Rep. and acting U.S. Trade Rep.) and Biden administration Ambassador to the WTO Maria Pagan. They covered a lot of ground, and on

The Latest on Appeal/Review in WTO DS Reform

I've been posting about official WTO documents related to appeal/review in dispute settlement reform. The latest one, from the heads of delegation meeting on November 21, is now available. There were no exciting new revelations, but just for the sake of completeness, I'm providing excerpts

Appeal/Review Proposals under Consideration in the WTO Dispute Settlement Reform Process

In a recent post on appeal/review issues being discussed as part of the WTO dispute settlement reform process, I quoted something that referenced "an updated draft of the document known as the Appeal/Review Tables, which will reflect the progress made in the discussions since the summer break

More Discussions of Appeal/Review in the DS Reform Process

In July, I mentioned that the the WTO Dispute Settlement Reform Process was underway, with one of the key topics being a fix for the Appellate Body crisis. People can follow the discussions in limited detail as WTO news summaries are released, or in somewhat greater detail a few weeks

New Discussions of Appeal/Review in the DS Reform Process

In July, I mentioned that the the WTO Dispute Settlement Reform Process is underway, and that people can follow it a few weeks behind the actual developments, as meeting minutes are derestricted. The Minutes of the Heads of Delegation meeting from July 18 are now available. Focusing on the Appeal/

WTO Member Statements on Appeal/Review in the DS Reform Process

The WTO Dispute Settlement Reform Process is underway. The WTO website provides brief overviews of the meetings as they happen, but for those of us who want more than just a short summary, we can follow it a few weeks behind the actual current developments as meeting minutes are derestricted.

WTO Dispute Settlement Reform Proposals on the Role of Precedent

The WTO has now posted a document with the DS reform text that will be discussed at the upcoming Ministerial Conference (see the Consolidated Text of a Ministerial Decision on Dispute Settlement in Annex 1 of the document). There's a lot in there, although nothing on appeal/review

Two Reasons for a Two-Tier WTO Dispute Settlement System

As part of the WTO DS reform exercise, USTR officials have mentioned the importance of having WTO Members explain what they see as their interests in the system. In a recent communication to the WTO, Bangladesh, Egypt, India, Indonesia and South Africa have weighed in on their interest in a

More on "Sunsetting" WTO Dispute Settlement

Reuters reports the following exchange with Deputy USTR Maria Pagan on WTO DS reform: WTO delegates told Reuters that Washington has submitted proposals, including a so-called "sunset clause" that would automatically mean any future deal would one day expire. Asked to react, Pagan said: "This is fundamental