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Authors

Ian Mah
Aaron Tim

Abstract

The WTO Dispute Settlement System represents an unwavering commitment to multilateralism as opposed to unilateral acts of trade retaliation. While the system is not above criticism, it generally withstood the test of time and built up a wealth of case law; it provides member states a reliable forum to settle trade disputes. Notwithstanding the prevalence of Regional Trade Agreements (‘RTAs’), empirical data evince that it is still the preferred choice of forum by Member States. But in recent times, the Dispute Settlement System is faced with an unprecedented crisis that foreshadows the death of the WTO Appellate Body. This might lead to a shift from the WTO Dispute Settlement System to that of the RTAs. While it might not be apparent now, this might become a reality should the crisis remain unresolved. This is an urgent problem that requires immediate action, lest the very core of the WTO, i.e., multilateralism, becomes eroded.

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