Problems with WTO Dispute Settlement

The open multilateral trading system that has been part of the international economic architecture of the last six decades has brought unparalleled growth and economic well-being to a larger proportion of the world than in any prior era. Those who care about preserving and enhancing this progress should be concerned about the serious systemic problems that threaten to undermine the legitimacy of the systems institutions. One such institution-arguably the most important one-is the dispute settlement mechanism established in 1994 under the World Trade Organization ("WTO") agreements. Claude Barfield has written a timely and important analysis of the WTO dispute settlement regime, its recent use, its shortcomings, and its possible salvation.

This response follows Barfield's headings and comments on several of his major conclusions and proposals.