Fauchald, Ole Kristian --- "World peace through world trade? The role of dispute settlement in the WTO" [2019] ELECD 512; in Bailliet, M. Cecilia (ed), "Research Handbook on International Law and Peace" (Edward Elgar Publishing, 2019) 449

Book Title: Research Handbook on International Law and Peace

Editor(s): Bailliet, M. Cecilia

Publisher: Edward Elgar Publishing

ISBN: 9781788117463

Section: Chapter 20

Section Title: World peace through world trade? The role of dispute settlement in the WTO

Author(s): Fauchald, Ole Kristian

Number of pages: 28

Abstract/Description:

The chapter discusses the important challenges currently facing the WTO dispute settlement mechanism, in particular the Appellate Body. Against this background, it explores the general challenge of balancing the quest for a legitimate and effective dispute settlement mechanism against the call for promoting its relevance to peace. The underlying issue is that promoting its relevance to peace would inherently mean that it would play an important part in resolving politically sensitive disputes. In a subsequent study of WTO disputes until the end of 2013, the chapter identifies 25 cases or clusters of cases that qualify as peace-related. The study serves to build a framework for understanding the relationship between the WTO dispute settlement mechanism and peace. Three case studies of the Ukraine – Russian conflict, Qatar’s cases against Saudi Arabia, Bahrain and the United Arab Emirates, and disputes regarding US tariffs on imports of steel and aluminum show the relevance and challenges associated with resorting to the WTO dispute settlement mechanism in cases of serious conflicts or tensions between countries.