World Trade Organization
The WTO dispute settlement system is currently in crisis. Its highest court, the Appellate Body (AB), has been non-functional since December 2019 because the United States has vetoed the appointment of new judges. The absence of the appeal stage also undermines dispute settlement at the WTO’s first instance, the panels, whose reports can be appealed into the void and are left in limbo. As a result, Members’ WTO commitments are left unenforceable.
In May 2023, over forty experts on the World Trade Organization (WTO) gathered from all over the world at the University of Ottawa to discuss the current state and future reform of the WTO dispute settlement system. The Ottawa symposium sought to support the efforts of reform by identifying innovative approaches to revitalize the WTO dispute settlement system. The participants included academics, practitioners, diplomates as well as former trade negotiators, panellists, Appellate Body members and WTO officials. With their diverse disciplinary and professional backgrounds, they brought together unique perspectives on potential reform of the WTO dispute settlement system.
WTO Visual Posts
In 2018 Canada together with 13 likeminded members of the World Trade Organization decided to create something called the “Ottawa group”. The idea of the “Ottawa group” was to first reinvigorate the negotiation function of the WTO, second to enhance its deliberation function and third, to improve its dispute settlement function. And here we are again in Ottawa, talking about how to rethink WTO dispute settlement but also to consider different ways in which we can improve the deliberative function of the WTO.
Wolfgang Alschner, Associate Professor, Faculty of Law, Common Law Section, University of Ottawa
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