PACIFIC MEANS OF DISPUTE SETTLEMENT IN THE WTO: CHALLENGES AND PERSPECTIVES
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178169Abstract
Abstract. Article 5 DSU lists means of pacific settlement of disputes that can be used instead or alongside with settlement of a particular dispute. Good offices, conciliation and mediation is an adherence of WTO dispute settlement mechanism to the principle of pacific settlement of disputes in international law enshrined in United Nations Charter and reminder of diplomatic approach that was dominating the previous GATT system. Nowadays, non-litigious ways of dispute settlement in WTO have a potential to be on rise, due to crisis situation caused by US in Appellate Body and Dispute Settlement Body in general. This article looks into reasons why means enshrined in Article 5 were not used by
Member states frequently enough since establishment of the WTO. It looks closely into definitions and history of Article 5 DSU. Based on empirical observations, authors come to a conclusion that mediation has a potential and perspectives to be used more frequently in the future of the WTO dispute settlement. Mediation is treated as a unique mechanism that can be used by developing and least-developed countries to receive third-party assistance and mitigate power imbalances. Factors for successful mediation are deducted from the case analysis and interviews with representatives of permanent missions.
Key words: mediation, good offices, conciliation, pacific settlement of disputes, WTO, mutually agreed
solution
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