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Reforming WTO Dispute Settlement System: Substantive Work Needed Beyond 14th Ministerial ConferenceAtul Kaushik and Renu Mann
Abstract: The dispute settlement mechanism has been called the ‘crown jewel’ of the WTO, as it ensures a secure and predictable multilateral trading system. The mechanism has been under review since 1998, but without any results. Its Appellate Body has been dysfunctional since 2019. MPIA, an interim arrangement set up by some WTO members does not offer a permanent solution. The most recent draft texts for a review of the mechanism are also far from being a good basis for a negotiated outcome. Hence, in the run up to MC14 and beyond, developing countries must continue to engage in the ongoing work with the understanding that closely following the discussion and participating actively in it is necessary to protect their interests. This requires a collective voice of the Global South to call for an inclusive process for the discussions after MC14.


