Mechanisms for Settlement of Disputes through Judicial Means in the World Trade Organization

This study aimed to outline the main features of the judicial dispute settlement mechanism as a “global” procedure applicable to all World Trade Organization (WTO) members, particularly after the failure of the dispute settlement system under the General Agreement on Tariffs and Trade (GATT). The mechanism involves consultations, the Dispute Settlement Body, arbitration, and the Appellate Body. It is designed as the primary method for resolving disputes between member states, emphasizing a collective approach rather than unilateral action closer to a judicial settlement. The study analyzes ambiguities surrounding the judicial dispute settlement mechanisms in the WTO, as governed by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and examines their impact on developing countries. This research is structured into two sections: the first section discusses the dispute settlement system in the WTO, and the second section focuses on judicial dispute settlement procedures and the implementation of recommendations.