WTO 분쟁해결제도의 운용과 개선방안

The Operation of WTO Dispute Settlement System and Its Reform

Decision on the Application and Review of the Dispute Settlement Understanding adopted at Marrakesh declared that Minister invite the Ministerial Conference to complete a full review of dispute settlement rules and procedures under the World Trade Organization within four years after the entry into force of the Agreement Establishing the World Trade Organization, and to take a decision on the occasion of its first meeting after the completion of the review, whether to continue, modify or terminate such dispute settlement rules and procedures. WTO Members held lots of special meetings for the improvement of the WTO dispute settlement system, but they could not reach an agreement except so called sequencing issues. Despite the time limit for the discussion was within four years from the establishment of the WTO, the debate is still going on as one of the topics in the Doha Development Agenda. The major issues currently under discussion are, inter alia, composition of standing panels, right of remand by the Appellate Body, making public of dispute settlement procedures, sequencing issues, and adoption of monetary damages. At the moment sequencing issues are agreed by the Members, and it is a matter of time to be revised. It would be desirable to make dispute settlement procedures open to the public for transparency and development of international trade law. One of the biggest problems is the non-implementation matter, especially by the United Sates. Even though monetary damages are talked about among the scholars, we should be very prudent about it considering oppositions from the developing countries and academics.