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Secondly, I will underline the relative success of the new DSM but also point to some emerging problems and weaknesses inherent in a highly legalized DSM. I will conclude that the DSM has weakened the WTO's diplomacy-based negotiating mechanism as the emphasis of dispute settlement has markedly shifted from political bargaining to legal proceedings. Yet, I will contend that the description of the WTO as a "debating society" is inadequate since member states are explicitly creating and enforcing trade rules rather then just debating over them. Moreover, to portray the new DSM as a "Supreme Court" seems implausible since on the one hand, it represents an ad-hoc two-tier system and not a full time court; on the other, it still supports and favours out-of-court settlements at almost any stage of the legal process...
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Common topics in this essay:
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