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15 - Japan's approach to the ‘use’ of the WTO: how can we achieve an effective link between business and the WTO?

from PART III - Asian Perspectives on WTO Dispute Settlement

Published online by Cambridge University Press:  05 March 2012

Shigehiro Tanaka
Affiliation:
University of Tokyo
Yasuhei Taniguchi
Affiliation:
Keizai University, Tokyo and Member, WTO Appellate Body
Alan Yanovich
Affiliation:
WTO Appellate Body Secretariat
Jan Bohanes
Affiliation:
Sidley Austin LLP
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Summary

Importance of focusing on the ‘use’ of the WTO

The title of this chapter refers to the ‘use’ of the World Trade Organization (WTO). The intention is to emphasize the dispute settlement aspect of the WTO, as opposed to the rule-making aspect, which has always attracted more attention. When the media writes about the WTO, it is mostly about the Doha Round. The importance of rulemaking cannot be overemphasized. But the value of the WTO would be almost nil, if it did not have the dispute settlement mechanism to cope with the problems we face today. Indeed, compared to other international organizations, the WTO stands out for the effectiveness of its enforcement mechanism.

The effectiveness of this enforcement mechanism is essential to ensure business support for the WTO. Although trade measures that can be subject to dispute settlement concern a wide variety of stakeholders, the one sector that will have the greatest incentive to ‘use’ the WTO is the business sector. This is natural if we consider that trade is part of the conduct of business. Whether small or large, business operations will be the first affected by any WTO-inconsistent measure. Therefore, an effective dispute settlement system is key to maintaining support for the WTO among business. This is why it is important to focus on the ‘use’ of the WTO and the linkage between business and the WTO as a goal in itself.

Type
Chapter
Information
The WTO in the Twenty-first Century
Dispute Settlement, Negotiations, and Regionalism in Asia
, pp. 303 - 316
Publisher: Cambridge University Press
Print publication year: 2007

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