Panel I A: Stage I--operation of consultations, deterrence and mediation: Presentation summary and comments

PRESENTATION SUMMARY AND COMMENTS

C. CHRISTOPHER PARLIN* (TIMOTHY REIF, STANDING IN), GARY N. HORLICK,** AND OLIN WETHINGTON***

QuEsTION AND ANSWER SUMMARY: John Jackson, the moderator, commented that Gary Horlick questioned the policy controversy over whether the dispute settlement mechanism is judicial or political. Jackson then asked Horlick whether he thought the underlying goal of the process is to settle cases or establish a jurisprudence. Horlick responded that the goal is to establish a jurisprudence, but that the dichotomy is actually a false one. More importantly, the underlying problem with the DSU is that it is a "one size fits all" mechanism for resolving conflicts-in essence, all cases go to a constitutional court. Horlick stated that options should be added to the current system to better fit the different nature of each conflict.

The panel was asked a related question regarding whether the role of the WTO was to interpret and elucidate broader issues or to examine the detailed facts of each case in a narrower manner. Timothy Reif responded that it was necessary to examine the details of each case in order to resolve it properly. Olin Wethington stated that it is a panel's responsibility to look at the specific treaty obligation involved in the case and to determine whether that country has met its obligation. Moreover, in most decisions, there is a respect for the sovereignty of the parties and a deference to the administrative judgment of the countries.

An audience member commented that he agreed with statements made by panel members that extraneous events, rather than the consultation process itself, are the primary factors in whether a case is settled or not and the timing of such a settlement. However, he believes that the consultation process may expedite the settlement process. Olin

Wethington concurred, saying that the consultation process may be part of the solution, but not necessarily the only cause of successful settlements. Horlick also agreed, pointing to the Russian Pipeline case as an example of a settlement that never would have occurred absent the consultation process.

* In lieu of Mc Parlin's comments, please see his paper, Operation of Consultations, Deterrence, and Mediation, published in this issue.

** In lieu of Mr. Horlick's comments, please see his paper, A Problem of Process in WTO Jurisprudence: IdentifyingDisp Issues in Panels and Consultations, published in this issue.

*** In lieu of Mr. Wethington's comments, please see his paper, Commentary on the tion Mechanism Under the WTO Dispute Settlement Understanding During its First Five Years, published in this issue.

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