How Does WTO Dispute Settlement Really Work?

Abstract:
This is an assessment of WTO Dispute Settlement in a practitioner’s perspective. Ongoing negotiations to improve dispute settlement procedures, and Secretariat’s informal consultations on Panel process. Most dispute settlement mechanisms provided for in RTAs are rarely used. How can adjudicators find a "positive solution" without “overstepping” and rule-setting, despite ambiguous provisions and sloppy scheduling? How does it work behind the scenes? Who is in the driving seat? What are the main challenges today, when the DSB and, indeed, the WTO face existential challenges? Key players and their interests. Litigation vs negotiation. Can small countries win a case? The importance of homework. Can dispute settlement solve international governance failures e.g. inaction on climate change mitigation with trade-impacting measures?