ABSTRACT
In the context of this book the starting point for determination of the competence of the World Trade Organisation (WTO) in dealing with environmental matters will be an overview of the nature of the dispute resolution system that the WTO operates. The central tenet of this book depends upon the notion that the legalised nature of the WTO drives contracting parties’ policy choices. Therefore, it is first important to determine how legalistic the WTO dispute settlement regime is and the power it has to enforce its decisions. Thus this chapter explores the role of the Dispute Settlement Body (DSB). It also discusses the historical development of dispute resolution within the General Agreement on Tariffs and Trade (GATT) and the WTO, and examines the issues concerning the judicialisation of the WTO dispute resolution process.
