The WTO dispute settlement system: Dealing with success

The WTO’s dispute settlement system has been relatively successful in resolving disputes over the past twenty years. One consequence of that success is an increasing number of cases involving ever more complex issues. As a result, the WTO dispute settlement system is now under considerable strain. The resources of the WTO Secretariat, which provides staff support to dispute settlement, have been stretched to the point where cases are delayed because of staffing shortages. Given the lack of success in the Doha negotiations, WTO members will likely want to bring even more dispute settlement cases, exacerbating an already difficult situation. This chapter examines a number of changes that might be made to the system that would help to ease the current dispute settlement problems, speed up the process, and ensure that the system will continue to be as successful over the next twenty years as it has been in the past.