Number: RS20088
Title: Dispute Settlement in the World Trade Organization: An Overview
Authors: Jeanne J. Grimmett, American Law Division 
Abstract: To date, 373 complaints have been filed under the DSU; slightly more than half involve the United States as a complainant or defendant. Expressing dissatisfaction with WTO dispute settlement results in the trade remedy area, Congress, in the Trade Act of 2002, directed the executive branch to address dispute settlement in WTO negotiations. Although WTO Members have been negotiating DSU revisions in the WTO Doha Round, a draft agreement has not yet resulted. S. 364 (Rockefeller) and H.R. 708 (English) would establish a congressional advisory committee to review WTO decisions and provide for private party participation in WTO disputes. S. 364 would also require congressional approval of domestic administrative actions taken to comply with WTO decisions and rescind certain administrative actions that have gone into effect. H.R 1278 (Camp) and S. 445 (Stabenow) would create a Trade Enforcement Officer intended in part to assist the United States Trade Representative (USTR) in undertaking WTO disputes. S. 460 (Snowe) would allow judicial review of certain USTR determinations under Section 301 of the Trade Act of 1974, which may in some cases involve the initiation and conduct of WTO disputes. S. 1919 (Baucus) would, inter alia, create a Chief Trade Enforcement Officer, establish a WTO Dispute Settlement Review Commission, and require a report from the Commission before an administrative change taken to comply with a WTO decision could take effect.
Pages: 6
Date: April 22, 2008