25 Jan 2022
Books/ Book Chapters
Van den Bossche, Peter L.H.
The TRIPS Agreement and WTO Dispute Settlement: Past, Present and Future
Book chapter by Peter Van den Bossche published in Christopher Heath and Anselm Kamperman Sanders (Eds.), 25 Years of the TRIPS Agreement - Past, Present, Future, published by Kluwer Law International B.V., pp. 257-275 (2022).
The Dispute Resolution Scheme as introduced under the WTO Agreement meant a significant departure from previous, rather incomplete mechanisms to secure compliance. Under the two-tier mechanism of first-instance ad hoc panels and a permanent appeal board, a high number of cases in all fields of WTO have been decided in the last 25 years. Yet the future of this core feature of the WTO Agreement is uncertain due to a political impasse over the appointment of appeal board judges. The presentation looks into the history and procedure of the Dispute Resolution Mechanism, compliance of Member States with its rulings and its viability for the future.