The dispute settlement mechanism of the World Trade Organisation: contribution of a resolution system of interstate trade disputes in the development of the international legal order

Whatever the future of the WTO may be, the Dispute Settlement Mechanism (DSM) as an inter-governmental dispute settlement system is a key institution for the evolution of International Law. Firstly, its compulsory jurisdiction contributes to the structural development of the international legal system by ensuring the centralization of the WTO Law application and a multilateral control on the Member States behaviours. Yet, factors of the DSM success, such as the panel establishment by a Member unilateral request, or such as the complainant Member countermeasures used to make a defender Member comply with the recommendations and rulings of the Dispute Settlement Body (DSB), underline the fact that States remain the major actors of the International legal system. Secondly, the case-law of the DSM (more than 450 cases) is considerable compared to any other case-law of an inter-governmental litigation settlement organ. At last, the panels and the Appelate Body (AB) apply in their reports the customary international rules to interpret WTO treaties and thus the Understanding on Rules and Procedures governing the Settlement of Disputes (DSU). Accordingly, the DSB decisions shall have a great impact on the whole normative development of the international legal system. And eventually, DSB decisions may affect the undergoing change.