The Enforcement of WTO Judgments

Abstract

This essay examines the WTO’s dispute resolution system known as the Dispute Settlement Understanding (“DSU”). Inspiration for this essay comes from an influential article written by Michael Reisman four decades ago titled “The Enforcement of International Judgments.” Professor Reisman’s article presented a model for improving enforcement of international judicial decisions in cases between states. My essay shows that the DSU has achieved much of what Professor Reisman envisioned with respect to systematic enforcement of multilateral tribunal decisions.

My essay begins by summarizing the institutional improvements recommended by Professor Reisman. Then the essay demonstrates how the DSU achieves many of those objectives in law and practice. Finally, this essay takes note of continued confirmation of Professor Reisman's thesis in the Appellate Body decision in the United States-Continued Suspension case, a dispute about how to judge compliance and when to lift trade sanctions.

Keywords: World Trade Organization, Dispute Settlement Understanding, WTO, DSU, Michael Reisman, Enforcement of International Judgments, multilateral tribunal decisions, trade sanctions

JEL Classification: K33, K40, F10