AN ANALYSIS OF THE DISPUTE SETTLEMENT BODY OF THE WORLD TRADE ORGANISATION


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TABLE OF CONTENTS

Title Page
Abstract
Table of Cases
Table of Statutes
List of Abbreviations
Table of Contents

CHAPTER ONE
1.0       GENERAL INTRODUCTION
1.1       Background to the Study
1.2       Statement of the Research problem
1.3       Aim and Objectives of the Research
1.4       Research methodology
1.5       Scope of the Research
1.6       Literature Review
1.7       Organizational Layout

CHAPTER TWO
2.0       INTERNATIONAL TRADE AND WORLD TRADE ORGANISATION
2.1       Introduction
2.2       International Trade and Globalization
2.3       Establishment of the World Trade Organisation
2.4       Objectives, Functions, Scope and Status of the World Trade Organisation
2.4.1    Objectives
2.4.2    Functions
2.4.3    Scope and Status of the World Trade Organisation
2.5       Judicial Independence in the World Trade Organisation
2.5.1    The World Trade Organisation Judiciary and Its Independence

CHAPTER THREE
3.0       TRADE DISPUTES WITHIN THE WORLD TRADE ORGANISATION.
3.1   Introduction
3.2       Legal Basis for a dispute in the World Trade Organisation Dispute Settlement System
3.2.1    The Covered Agreements (Legal Framework for Trade Disputes)
3.3       Possible Objects of a complaint to the World Trade Organization

CHAPTER FOUR
4.0       DISPUTE SETTLEMENT IN THE WORLD TRADE ORGANISATION
4.1       Introduction
4.2       Dispute Settlement System of the World Trade Organisation
4.3       Functions, Objectives and key features of the System
4.3.1    Functions
4.3.2    Objectives
4.3.3    Key Features
4.4       Scope and importance of the System
4.5       Applicable Laws to Legal Interpretations of World Trade Organisation Agreements within the System
4.6       World Trade Organisation‘s Agencies Involved in the Dispute Settlement Process
4.6.1    Panels
4.6.2    Appellate Body
4.6.3   The Director-General of the World Trade Organisation Secretariat
4.6.4    Arbitrators
4.6.5    Experts
4.7       Composition of the Dispute Settlement Body of the World Trade Organization

CHAPTER FIVE
5.0       DISPUTE SETTLEMENT PROCEEDINGS IN THE WORLD TRADE ORGANISATION
5.0       Introduction
5.1       The Stages for settling dispute in the World Trade Organisation Dispute Settlement System
5.1.1    Consultation
5.1.2    Panel Stages
5.1.3    Composition of Panel
5.1.4    Appellate Stage
5.1.4    Implementation Stage
5.2       Legal Effects of Dispute Settlement Body‘s Recommendation / Ruling
5.3       Participation in the Proceedings
5.3.1    Legal Representation
5.3.2    Amicus Curiae Submissions
5.4       Legal Issues Arising in the proceedings
5.4.1   Right to bring Claim/Invoke Exceptions
5.4.2   Judicial Economy and Standard of Review
5.4.3    Burden of Proof
5.4.4   The Panel‘s Right to seek information

CHAPTER SIX
6.0       SUMMARY AND CONCLUSION
6.1       Summary
6.2       Findings
6.3       Recommendations
6.3       Conclusions
            Bibliography



ABSTRACT

The World Trade Organization (WTO) was established with the primary function of ensuring the smooth and free flow of trade and services. At the heart of the WTO, is the Dispute Settlement System that ensures that disputes are resolved as soon as possible. This research aims at analyzing the role of the WTO and its Dispute Settlement body in settling trade disputes. This research specifically examines the WTO Dispute Settlement System; identities the objectives of the system and whether or not the system allows for the actualization of these objectives. The research also evaluates its performance and makes recommendations based on research findings.The essence of the research is how the system can be made more effective and accessible to developing and least developed member nations especially Africa. In undertaking this task, the research employs the doctrinal research method. Trade disputes in the WTO usually arisewhen a member state or states take a measure or measures that the WTO considers to be inconsistent with the obligations set out in the WTO agreements. Settling trade disputes in a timely and structured manner is important in order to realize the practical value of the commitments of the member states. The central objective of the WTO Dispute Settlement System is to provide quick and accessible dispute resolution to the multilateral trade system. In addition, the system is to preserve and clarify the rights and obligations of the members under the WTO Agreements, as well as ensure that disputes are settled promptly. In carrying out its mandate, the WTO Dispute Settlement System has decided several disputes among member nations of the WTO, covering diverse areas of the WTO agreements. In fact, the performance of the WTO Dispute Settlement System has been generally described as an ongoing institution that needs a lot of reforms. The Dispute Settlement System has many challenges, obstacles and problems, which make it impossible for it to achieve its set out goal perfectly. Thus, the objectives of the system have not been satisfactorily met due to implementation problems, inadequate funding, lack of transparency and access to the system, ad hoc nature of panels, as well as lacuna in the DSB. Considering the importance of the WTO’s role of settling trade disputes to the stability of the global economy, adequate attention ought to have given to the system. Accordingly, the DSB should be adequately funded that would meet the increased workload of the DSB. The lacuna in the DSU should be corrected and the system made more transparent and accessible to the public. Furthermore, the system aught adopt adequate panelist that can meet the increased complexity of the substance of cases presented before panels. The Research will explore how the DSB can better serve the interest of third world countries and Africa.




CHAPTER ONE

GENERAL INTRODUCTION

1.1              Background to the Study

International Trade has been of immense importance in the existence of the nations of the

world and its economy because no nation is completely self-reliant or sufficient. Also, the needs and wants of people in all parts of the world are better served by exchanging goods and services.1

Trade increases the standard of living for all modern countries. For some, foreign market takes a third to a half of the total output and the standard of living depends crucially on the international division of labour that foreign trade permits.2 However, there are opinions to the effect that international trade has negative effects on the standard of living of the nations of the world and consequently, trade barriers are necessary to protect the earth‘s natural environment, reduce domestic unemployment and also prevent the exploitation of the world‘s impoverished workers.3
International trade has played and continues to play critical role in the ability of countries to grow, develop and be economically powerful throughout history. International transactions are becoming increasingly important in recent years as countries seek to obtain the more benefits that accompany increased exchange of goods, services and factors. It is worthy to note that little is known about the earliest trade. However, English flint used to make primitive tools, which was widely traded in Europe thousands of years before Christ, and so was the salt from the mines in Central Europe. Moreover, the Egyptians as far back as 3000 B.C. ranked far in Africa in search of gold, antimony and slaves. By 1700 B.C., the Cretans traded extensively by sea.4

Every sovereign nation is free to establish laws, taxes and regulations governing its foreign trade. Initially, these nations used certain policy instruments to protect their country and citizens that are players at the international market against certain consequences that might arise as a result of unrestricted trade practices and thereby interfere with free trade. Some of these....

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