WTO dispute settlement system and democracy: Some issues to ponder

Abstract

Purpose

The purpose of this paper is to analyse the current proposals for reform of the World Trade Organization (WTO) dispute settlement system. Two areas of proposed reforms have been chosen: one is regarding democratic control over the WTO dispute settlement body and the other is regarding structural balance within the WTO.

Design/methodology/approach

It is a theoretical study based on decided cases, opinions and writing of other writers.

Findings

Democratizing a judicial body from within is not the most desirable method to control it. Separation of powers and checks and balances which is termed as institutional balance in WTO is a better way to rein in the judicial organ of the WTO.

Originality/value

Most of the work on WTO judicial reforms have either concentrated on technical aspects. Some writers have written about the dispute settlement system from a political point of view. Most of the writings seem to be shy of pointing towards obvious developments in the WTO dispute settlement system, e.g. the precedent system. The work analyses the proposed reforms from two perspectives and presents writer’s opinion on them which is clearly and openly stated.

Citation

Rai, S. (2014), "WTO dispute settlement system and democracy: Some issues to ponder", Journal of International Trade Law and Policy, Vol. 13 No. 2, pp. 185-196. https://doi.org/10.1108/JITLP-09-2013-0025

Download as .RIS