6 - Transparency and Disputes

Summary

Chapter 6 compares specific trade concerns and dispute settlement, demonstrating that both fora are used in a complementary manner, mostly one after the other or in parallel. This is true looking at all requests for consultations that mention the SPS and TBT Agreements, but even more so when the main subject matter of the dispute is the SPS or TBT Agreement. Generally speaking, STCs serve as a forum for dialogue to reach a common understanding of WTO compliant measures, whereas formal disputes are raised when agreement cannot be reached and a clear and authoritative interpretation is needed from a third party. All country groups tend to participate in both fora, while developing countries are most active in trying to first solve an issue through an STC before going to dispute settlement. Overall, through an empirical study of WTO Member practice, this chapter confirms the importance of regulatory co-operation between WTO Members for the effective implementation of the SPS and TBT Agreements.