Getting The WTO's Dispute Settlement and Negotiating Function Back On Track - Reform Proposals and Recent Developments - Egmont Institute PDF

06/03/2023 15:40 Getting the WTO’s dispute settlement and negotiating function back on track: Reform proposals and
sals and recent developments - …
Getting the WTO’s dispute

settlement and negotiating
function back on track: Reform
proposals and recent
developments
We use cookies on our website to give you the most relevant experience by remembering your
Bypreferences
Guillaume and
Van repeat
der Loovisits.
(https://www.egmontinstitute.be/expert-author/guillaume-van-der-loo/)
By clicking “Accept All”, you consent to the use of ALL the cookies.
(5However,
October you may visit "Cookie Settings" to provide a controlled consent.
2022)
In Other publications (https://www.egmontinstitute.be/publication_parent/other-publications/)
Cookie Settings Accept All
https://www.egmontinstitute.be/getting-the-wtos-dispute-settlement-and-negotiating-function-back-on-track/ 1/3
06/03/2023 15:40 Getting the WTO’s dispute settlement and negotiating function back on track: Reform proposals and recent developments - …
EU and strategic partners (https://www.egmontinstitute.be/core/eu-and-strategic-partners/),

EU economic affairs (https://www.egmontinstitute.be/core/eu-economic-affairs/),
European Affairs (https://www.egmontinstitute.be/core/european-affairs/)
The multilateral trading system, with the World Trade Organization (WTO) at its centre, is in
its deepest crisis since its creation. The EU and the US have entered into an era of geopolitical
conflict that has centred around trade and technology, triggering several trade disputes and
WTO-incompatible trade practices. In addition to its paralysed dispute settlement system
due to the US’ blockage of the Appellate Body, it is also questioned whether the WTO is still
‘fit for purpose’ as its members fail to manage new ambitious multilateral agreements on
crucial trade(-related) issues. Both the Covid-19 crisis and Russia’s invasion of Ukraine have
further challenged the multilateral trading system as several WTO members increasingly rely
on trade-distortive practices. The WTO’s 12th Ministerial Conference (MC12), which took
place from 12 to 17 June 2022, caused therefore a sigh of relief as WTO members finally
managed to conclude several important new trade deals or initiatives. Moreover, WTO
members agreed at MC12 to launch a reform process to improve “all functions” of the WTO.
This paper aims to contribute to this topical discussion on WTO reform by analysing the
different reform proposals tabled by the expert community and WTO members. The focus of
this paper will be on the reform proposals and recent developments related to the dispute
settlement and negotiating function of the WTO.
The first part of his paper focuses on the WTO’s negotiating function. After discussing the US’
concerns about the WTO’s dispute settlement mechanism (DSM), the Appellate Body (AB)
reform proposals by WTO members and the ‘Walker Principles’ are discussed. Then the new
Multi-Party Interim Appeal Arbitration Arrangement (MPIA) is analysed, focussing on the key
legal and political challenges for this new appeal instrument. Thereafter, the DSM reform
proposals developed in the academic literature are discussed. Finally, the options for a
transatlantic alliance on WTO DSM reform under the Biden administration are explored.
The second part of this paper discusses the reform of the negotiating function of the WTO by
analysing the recent developments and proposals related to plurilateral agreements. After
introducing the rise of Joint Statement Initiatives, the legal options for establishing
plurilateral agreements are being discussed. Then the legitimacy of such plurilateral
agreements is being studied, together with the different positions WTO members have vis-à-
vis this format. Finally, building on the body of literature on this topic, this paper concludes by
proposing several governance principles for future plurilateral agreements.
This paper is originally published by the Leuven Centre for Global Governance Studies in the
context of the “Global Governance and the European Union: Future Trends and Scenarios”
We use cookies
(GLOBE) Projecton(funded
our website to give
by the you the most
European relevant experience
Commission’s Horizonby2020
remembering your The
programme).
preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies.
views expressed
However, you mayin this
visit paperSettings"
"Cookie are attributable
to provideonly to the author
a controlled consent.in a personal capacity and
not to any institution with which he is associated.

06/03/2023 15:40 Getting the WTO’s dispute settlement and negotiating function back on track: Reform proposals and recent developments - …
This article was originally published on the website of the Leuven Global Governance Centre
(https://ghum.kuleuven.be/ggs/publications/working_papers/2022)
To read the full paper, click on VIEW PDF below.

(Photo credit: WTO)
Egmont
Royal Institute for International Relations

Rue des Petits Carmes 24A
1000 Brussels - BELGIUM
Postal Address
Rue des Petits Carmes 15

1000 Brussels - BELGIUM
Contact
 +32 (0)2 223 41 14

 info@egmontinstitute.be (mailto:info@egmontinstitute.be)
We use cookies on our website to give you the most relevant experience by remembering your
preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies.
However, you may visit "Cookie Settings" to provide a controlled consent.

Getting The WTO's Dispute Settlement and Negotiating Function Back On Track - Reform Proposals and Recent Developments - Egmont Institute PDF

Uploaded by

Copyright:

Available Formats

Getting The WTO's Dispute Settlement and Negotiating Function Back On Track - Reform Proposals and Recent Developments - Egmont Institute PDF

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Getting The WTO's Dispute Settlement and Negotiating Function Back On Track - Reform Proposals and Recent Developments - Egmont Institute PDF

Uploaded by

Copyright:

Available Formats

06/03/2023 15:40 Getting the WTO’s dispute settlement and negotiating function back on track: Reform proposals and

sals and recent developments - …

Getting the WTO’s dispute

EU and strategic partners (https://www.egmontinstitute.be/core/eu-and-strategic-partners/),

(Photo credit: WTO)

Royal Institute for International Relations

Rue des Petits Carmes 15

 +32 (0)2 223 41 14

Cookie Settings Accept All

You might also like