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The Challenges Leading up to Disputes
from Part III - Transparency as a Complement to Dispute Settlement
Published online by Cambridge University Press: 28 April 2020
The dispute settlement system is a costly and burdensome process that may be worth turning to only in cases of high trade losses. It is arguably in any country’s interest to avoid disputes. Building on the premise that disputes intervene only as a last resort, Chapter 7 explores the reasons that explain the difficulty to ‘climb’ the disputing pyramid. Based on pre-existing literature, it identified three general factors to explain WTO Members’ access to WTO adjudication: Members are likely to bring disputes as long as they have information, resources, and they lack alternative fora to solve the conflict. This serves as a basis for arguments in the subsequent chapter about the possible roles for transparency in accessing formal dispute settlement.
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