Implementation and enforcement of WTO dispute settlement findings: an EU perspective

Abstract

The EU has no reason to be disappointed with the dispute settlement system created by the Uruguay Round, with regards to both the system itself and the actual outcome of disputes settled. But all WTO Members have a common interest in improving the system, including the question of implementation and enforcement. The article discusses various alternatives for enhancing implementation and enforcement, including the possibility to strengthen the rights of private parties and to shorten and re-design the deadlines for implementation and compliance panel procedures. The article concludes that while in the present global trade system, the intergovernmental character of the WTO must be preserved, there is room for some shortening of deadlines, for making the panel system more permanent and professional, and for increasing the resources for the Appellate Body. Finally, the article mentions the possibility of creating a system of compulsory compensation, as an alternative to the present system of suspension of concessions.