Davey, William J. --- "WTO Dispute Settlement: Promise Fulfilled?" [2011] ELECD 779; in Govaere, Inge; Quick, Reinhard; Bronckers, Marco (eds), "Trade and Competition Law in the EU and Beyond" (Edward Elgar Publishing, 2011)

Book Title: Trade and Competition Law in the EU and Beyond

Editor(s): Govaere, Inge; Quick, Reinhard; Bronckers, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935663

Section: Chapter 11

Section Title: WTO Dispute Settlement: Promise Fulfilled?

Author(s): Davey, William J.

Number of pages: 10

Extract:

11. WTO dispute settlement:
promise fulfilled?
William J. Davey

I have known Jacques for many years ­ initially on a personal level as a
fellow alumni of the University of Michigan Law School and as a
co-attendee of numerous conferences on international trade law topics ­
and later professionally at the WTO while I was Director of the Legal
Affairs Division and Jacques served as a panel chair and legal advisor to
disputing governments. Indeed, since so much of my professional contact
with Jacques has concerned international trade law, and in particular the
WTO dispute settlement system, I thought it appropriate to write a few
words on that subject in this book honouring Jacques. This seems particu-
larly appropriate given Jacques' active role in the operation of both the
WTO system and its GATT predecessor.
The first five years of the dispute settlement under the WTO's Dispute
Settlement Understanding (DSU) (1995­99) were noteworthy because of
the high volume of cases, brought predominantly by the United States and
the EU; the controversial nature of many of the cases, which ultimately,
however, did not preclude their solution; and the development of the
Appellate Body.1 The second five years (2000­04) were noteworthy by the
decline in the number of cases, although the system remained relatively
active; by an increase in the time needed to process cases; and by the
noticeable and significant increase in the use of the system by developing
countries as complainants.2 The third five years (2005­ ...