INTRODUCTION

The WTO agreements provide for many wide-ranging rules concerning international trade in goods, trade in services and trade-related aspects of intellectual property rights. In view of the importance of their impact, economic and otherwise, it is not surprising that WTO Members do not always agree on the correct interpretation and application of these rules. Members frequently argue about whether or not a particular law or practice of a Member constitutes a violation of a right or obligation provided for in a WTO agreement.

The WTO has a remarkable system to settle such disputes between WTO Members concerning their rights and obligations under the WTO agreements. The WTO dispute settlement system has been operational for thirteen years now. In that period it has arguably been the most prolific of all international dispute settlement systems. Between 1 January 1995 and 1 December 2007, a total of 369 disputes had been brought to the WTO for resolution. That is more than were brought to the GATT, the WTO's predecessor, in the forty-seven years between 1948 and 1995. In almost a quarter of the disputes brought to the WTO for resolution, the parties were able to reach an amicable solution through consultations, or the dispute was otherwise resolved without recourse to adjudication. In other disputes, parties have resorted to adjudication. The WTO dispute settlement system has been used by developed-country Members and developing-country Members alike.