Edited by Inge Govaere, Reinhard Quick and Marco Bronckers
Chapter 11: WTO Dispute Settlement: Promise Fulfilled?
JOBNAME: Trade and Competitio PAGE: 1 SESS: 11 OUTPUT: Mon Jun 20 16:16:16 2011 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 particularly 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) (1995–99) 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 (2000–04) 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...
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