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A primer on WTO's adjudication process

Courtesy/By: Debojeet Das | 2020-06-20 20:34     Views : 448

The World Trade Organisation Agreement was created in 1994 and its goal was to, “...raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services”. The goal of economic progress was set parallelly with the goal of optimum use of our planet’s resources in a sustainable manner to protect and preserve the environment, but not impeding economic progress and development. The WTO Agreement was essentially established to remove barriers present in international trade by removing or reducing the effect of unreasonably high tariffs along with the elimination of discriminatory treatment in international trade relations. 

 

The WTO Agreement consists of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the General Agreement on Tariffs and Trade and other trade-related legal instruments which are binding on all the member states of the WTO. The World Trade Organisation has its standout feature which protects the interests of economically weaker countries. The feature that is carved out in the Agreement is known as ‘special and differential treatment provisions’. These provisions were included in the WTO Agreement to ensure that in the evolving global economic order, weaker countries get a share in the progress and growth of international trade. The WTO Agreement aimed to create a harmonious international trade order without forcing developing countries to compromise on their individual economic needs. In the previous GATT regime’s existence it was even decided that exceptions would be made to the Most Favoured Nation requirement; one of the most essential elements of the GATT for underdeveloped and developing countries. 

 

It is unusual among international organisations to have an enforcement mechanism in place. The existence of an actual enforcement mechanism in the WTO makes it an example for all the future international agreements. Enforcement mechanisms are important because, without them, agreements are a promise with no consequences in case they are not followed. In the present case, the WTO Agreement boasts a complaint process and panels and Appellate Body to adjudicate matters. Furthermore, it has a detailed procedure which helps to hold members accountable for their violations of the WTO Agreement. All trade disputes between WTO member states are regulated through DSU which is a part of the WTO Agreement. The Dispute Settlement Body under the WTO Agreement administers all disputes and holds enough power to preserve the integrity of the Agreement by ensuring that obligations and rights are recognized by its members. Any member state can request mediation or conciliation at any time. The parties of a dispute by agreement can keep consulting as the panel procedure proceeds. There are instances where the consultation process can break down which will allow the parties to request for a Panel to adjudicate the matter. After listening to contentions put forward by both the sides, an interim report is issued by the panel for the parties’ perusal. If the Panel report receives consensus by member states, it is referred to the DSB for adoption. In the absence of such consensus if a party decides to file an appeal and the Appellate Body decides the dispute. 

Courtesy/By: Debojeet Das | 2020-06-20 20:34