Overview

If the Dispute Settlement Understanding arguably is the most significant achievement of the Uruguay Round, its provisions concerning adoption and implementation of reports arguably are the most significant parts of the DSU. Under GATT, a consensus in favor of a report was required for its adoption. In practice, this meant that a dissatisfied party could block consensus and prevent adoption of a report. The DSU reverses this requirement. WTO reports are adopted unless there is a consensus not to adopt them. This “negative consensus” requirement has made WTO dispute settlement into what is, in all probability, the most effective area of adjudicative dispute settlement in the entire area of public international law.

Consideration and adoption of reports

The DSB has a minimum of 20 days from the date of circulation of a final report to consider its adoption. Members having objections to a report must give their reasons in writing at least 10 days prior to the DSB meeting at which the report will be considered. Of course, parties to a dispute have the right to participate fully in the DSB's consideration of a report.

Reports will be adopted within 60 days after the circulation of the panel report to the Members, unless a party formally notifies the DSB of its intention to appeal, or unless the DSB decides by consensus not to adopt the report. This latter, of course, is the “negative consensus” that makes WTO dispute settlement so different from that of GATT.