Reforming WTO Conflict Management: Why and How to Improve the Use of ‘Specific Trade Concerns’

Abstract

ABSTRACT With its dispute settlement system in peril, the role of the World Trade Organization in mitigating commercial conflict is more important than ever, but its working practices need reform. The Sanitary and Phytosanitary Measures and Technical Barriers to Trade committees have developed a mechanism for members to raise ‘specific trade concerns’ about the laws, regulations, and practices of their trading partners, both proposed and already implemented. These specific trade concerns can mitigate sources of friction and help avoid recourse to formal dispute settlement. This article assesses experience with specific trade concerns and analyzes suggestions for reform of the process and its extension to all World Trade Organization committees. The important World Trade Organization reform question is whether procedural changes in Geneva can make specific trade concerns more effective for all members while facilitating enhanced participation by members who do not now make full use of the possibilities that such procedures offer.