Good Offies, Conciliation, and Mediation in the WTO: Challenges and Perspectives

Abstract

Article 5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes lists means of pacifi settlement of disputes that can be used alongside with settlement of a particular dispute or instead of it. Good offies, conciliation and mediation are an adherence of WTO dispute settlement mechanism to the principle of pacifi settlement of disputes in international law enshrined in United Nations Charter and reminder of diplomatic approach that was dominating in the previous GATT system. Nowadays, non-litigious ways of dispute settlement in WTO have a potential to be on rise, due to crisis situation caused by US in Appellate Body and Dispute Settlement Body in general. This article looks into the reasons why means enshrined in the Article 5 were not used by Member states frequently enough since their establishment of the WTO. It looks closely into defiitions and history of the Article 5. The authors come to a conclusion that mediation has a potential and perspectives to be used more frequently in the future of the WTO dispute settlement. Mediation is treated as a unique mechanism that can be used by developing and least-developed countries to receive third-party assistance and mitigate power imbalances. Factors for successful mediation are deducted from the case analysis and interviews with representatives of permanent missions.