Poda T. Problems of functioning and directions of reforms of the WTO dispute settlement system

SSpecific features and peculiarities of the WTO dispute settlement system are described in the dissertation. Norms of WTO Understanding on Rules and Procedures Governing the Settlement of Disputes are analysed and practice of dispute settlement within the organisation. As a result, main institutional problems that influence effectiveness of the WTO dispute settlement system's functioning are defined. Problems in the procedures of dispute settlement are determined and discussed in detail. Consultations, panel process, appellate review, surveillance procedure and procedures that ensure compliance are analysed. Peculiarities and problems of available in the WTO remedies (compensation and retaliation) are studied. In this dissertation author also analyses the course and results of official negotiations, which started in 1994 and still continue in order to find best ways to reform the WTO dispute settlement system. Content of official proposals, presented by member-countries in course of these negotiations,is studied and critically analysed. Taking into account results of that analysis as well as previously discovered institutional and procedural problems, author formulates critic remarks and additional recommendations regarding proposed by member-countries directions of reforms. Author defines an optimal package of reforms that are suitable and could be realised to improve the WTO dispute settlement system on the current stage of its legal maturity. Finally, attention is paid to specific problems that negatively influence Ukraine's abilities to use advantages of the WTO dispute settlement system. Author proposes a plan of actions that could help to prepare Ukraine's effective participation in the WTO dispute settlement process.