Securing Compliance Through the WTO Dispute Settlement System: Implementation of DSB Recommendations

The World Trade Organization (WTO) dispute settlement systemhas been making substantial contributions to improved compliancewith the WTO Agreements. Of particular note are the elaboratemultistage mechanisms installed in the system that facilitateand ensure the implementation of the DSB recommendations. However,these multistage mechanisms are not devoid of problems and shortcomings.Several improvements are proposed by Members and scholars buta number of disagreements exist, reflecting varied understandingof the nature of the dispute settlement system. Against thisbackground, this article first analyses the nature of the disputesettlement system. It argues that the primary purpose of thedispute settlement system is not to secure compliance in abstractobut to settle a dispute and remedy injury, and its compliancefunction is exerted only in the course of dispute settlement.Thereafter, in the light of the nature of the dispute settlementsystem, this article presents a comprehensive analysis of themanner in which the multistage mechanisms currently functionand how they should function.