The WTO dispute settlement system and practice

Abstract

The article deals with the analysis of importance, organizational structure, features and functioning of the dispute settlement system for WTO-members, as well as the beginning of the participation of Russia in the system as plaintiff , defendant or “third party» (when Russia is interested in the result of the dispute settlement among other members). The first part of the article is devoted to the analysis of the WTO dispute settlement bodies: the General Council (the main body), the Panel of arbitrators, examining the substance of the conflict (it is established separately for each dispute) and the Appellate Body. Their composition, functions and interaction are presented. The author outlines the three important features: stages (limited in time) in the process to resolve the disputes, confidentiality of all negotiations and implementation of decisions of the General Council. In the second part the attention is paid to the singleness of the WTO system and to the grounded appreciation (positive in general) of its activity during almost twenty years. The appreciation is based on the objective and qualified resolution of disputes, on their settlement mainly at the first stage of negotiations (through bilateral consultations), on country-defendant’s fulfillment of the decision of the General Council and on other indices. Some shortcomings of the system are also noticed. The conclusive part of the article is devoted to the examination of the first steps of Russia to use the WTO system for protection of the national trade interests and the first complaints of other members concerning the forms of her trade regulation. Finally, there are some considerations about the ways of making it more effective for our country.