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Dispute settlement process under GATT/WTO diplomatic or judicial process ?

H Narsinghen

Abstract


This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade  (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and  assesses the outcome of the attempt to a strike delicate balance between diplomacy and judicialism. Conflicting views exist on whether the dispute mechanism, under the WTO, leans towards judicialism or diplomacy. The author by going to the original articles and analysing critically the views expressed by the extremists brings some new enlightenment on the controversial issue. An objective and scientific analysis is pursued as far as possible by going beyond the black letter rules to the rationales and policy issues of the whole dispute settlement  process.


Keywords : GATT/W.T.O Dispute Judicial /Diplomatic Resolution




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