The WTO dispute settlement system at 18 : effective at controlling the major players?

Abstract

This paper examines the major developments in WTO dispute settlement during three time periods (1995-1999, 2000-2004, 2005-2012) and considers the effectiveness of the system in restraining the use of trade measures by the United States and the European Union. It finds that the first period was characterized by the large number of cases brought by the United States and the European Union and that the second and third periods were noteworthy for the increased number of cases brought by developing countries and by the numerous cases brought against the United States. On the question of effectiveness, the paper finds that the system has succeeded in restraining the use of WTO-inconsistent trade measures by the United States and the European Union, but often only after considerable delays in implementation of DSB rulings.