Conclusion of Part III

Summary

As we have seen, only a very small fraction of specific trade concerns (STCs) eventually end up in formal disputes, arguably because the transparency framework has allowed Members to effectively manage conflicts at an informal level. The majority of all SPS and TBT disputes are discussed in the SPS and TBT Committees before, during or after the formal dispute is raised, and this is especially true of disputes that focus on SPS or TBT issues. Developing countries in particular tend to launch STCs before or in parallel to dispute settlement procedures, whereas the EU and the United States raise formal requests for consultations in the TBT Committee without first passing through Committee discussions. This confirms that WTO Members truly view the Committees as a valuable forum in which to work through disputes regarding domestic regulatory matters and, often, a privileged space with regard to costly formal dispute settlement procedures. The behaviour of the EU and United States confirms that they may have other means of managing trade conflicts or gaining information to build disputes that does not require them to raise STCs as systematically as other Members.