ABSTRACT

In the previous chapters it has been argued that the WTO DSB, with its panels and AB, together operate a judicialised dispute resolution system. Further, the operations of the DSB, and particularly the AB, have matured since the inception of GATT and the founding of the WTO, so that the decisions of the AB and panels have been relied on and influence the behaviour of the parties to the WTO. Therefore, decisions in the WTO DSB can have lasting consequences and influence not just the parties to a dispute, but also the members of the WTO as a whole. This is through the reliance that is put on the decisions of the DSB/AB by the members, as they expect consistency and reliability of outcome in the DSB system. This is endorsed by the WTO. 1