The treatment of a number of issues that are being routinely discussed in WTO dispute settlement practice could benefit substantially, were economists to be institutionally implicated in the process. As things stand, the participation of economists in dispute settlement proceedings is infrequent and erratic: for all practical purposes, it depends on the discretion of WTO adjudicating bodies. There is indirect evidence that recourse to such expertise has been made, albeit on very few occasions. Institutional reforms are necessary; otherwise, it seems unlikely that the existing picture will change in the near future. A look into ongoing negotiations on the DSU review however, leaves no scope for optimism in this respect: involving economists in WTO litigation is not a priority-issue.
Dispute Resolution and Arbitration | International Trade Law | Law
Center on Global Governance
Petros C. Mavroidis,
Let's Stick Together (and Break with the Past): The Use of Economic Analysis in WTO Dispute Litigation,
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2392