Tuesday, August 27, 2019

The Merits of DSU system in WTO Essay Example | Topics and Well Written Essays - 750 words

The Merits of DSU system in WTO - Essay Example Installation of the DSU by WTO has harmonized the manner in which WTO members engage in international trade. Dispute resolution serves as the central pillar upon which WTO functions, thereby allowing member countries to coexist and participate in an efficiently and effectively regulated international trade2. Given the fact that disputes are expected to arise due one reason or another in the process of trade between WTO members, investigations become vital to conduct in order to resolve the underlying dispute. The dispute resolution system is not forceful to any member, as the system is designed to resolve disputes without necessarily damaging state or intergovernmental relations. In the view that the DSU system does not forcefully implement investigations on members upon a dispute, the system minimizes or alleviates altogether the likelihood of being used to instigate dispute proceedings. The DSU system allows either party in the underlying dispute to waiver its claims at any step of the proceedings3. In so doing, it provides a diversified ground upon which conflicts and disputes between trade partners can be resolved. The system does not by any chance curtail the rights and freedoms of any WTO member. DSU is indiscriminately enforced for the benefit of all WTO members. The operations of DSU apply to all members, meaning that WTO provisions are uniformly binding to both developing and developed member countries4. In this respect, the primary interests, activities, and roles of WTO are reflected by the DSU system. WTO serves as an intergovernmental organization across the globe, an aspect that the DSU essentially captures. As a result, the DSU system is tailored towards promoting functional relations and improved international trade all over the world. The DSU system does not observe a common law system, meaning that it is not characterized by binding precedents5. Consequently, this implies that the DSU system exhibits no stare decisis aspects in

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