ABSTRACT

General Agreement on Tariffs and Trade (GATT) dispute settlement (DS) is in dispute or even in disrepute. It is like many other forms of international procedures for litigation a constant and increasing source of concerns. The position of the United States as to the present and future shape of the DS procedures under GATT has been, at least until recently, more clear and less sophisticated than that on the European side. The internal decision-making procedures on the United States side are certainly more streamlined, transparent, and effective, though there is a constant quarrel about an excessively cumbersome decision-making process. It would be presumptuous to predict the attitude of Japan. By tradition Japan shows an official dislike for any formal DS procedures inside and outside the country. Even state-trading countries appear to support more effective DS procedures, including the judicial elements.