U.S. Objectives for a Reformed Dispute Settlement System

COMMUNICATION FROM THE United States

The following communication, dated 5 July 2023, is being circulated at the request of the delegation of the United States.

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INTRODUCTION

1.  The United States intends to lead in all areas where we can contribute, including on dispute settlement reform, but achieving fundamental reform can only happen through a collective, Member‑driven process. We are determined to pursue an interest‑based, inclusive process that brings in all WTO Members as we work towards fundamental reform. In doing so, we will work towards producing a system that reinforces principles of fairness, equity, and sovereignty that underlie support for the multilateral trading system. The dispute settlement system should preserve the policy space in WTO rules for Members to address their critical societal interests and support rather than undermine the WTO's role as a forum for discussion and negotiation to help Members address new challenges.

2.  The United States has been clear from the beginning that the success of dispute settlement reform efforts depends on understanding each other's interests in dispute settlement. The reform discussions have so far been guided by the interests of Members, with all Members invited to share their interests. The contributions of all Members are driving these discussions with the assistance of a capable facilitator.

3.  In this context, no Member dictates the terms of reform. The United States has shared a number of ideas on dispute settlement reform in the informal discussions, with an open mind to different ways of achieving the interests that we and other Members have identified. We support the work of the facilitator and will not disclose information that may undermine the constructive nature of the discussions so far.

4.  However, we see value in clearly identifying certain U.S. objectives for a reformed dispute settlement system, without prejudice to the specific manner in which these objectives may be achieved. A well‑functioning dispute settlement system supports all WTO Members in the resolution of their disputes in an efficient and transparent manner, and in doing so limits the needless complexity and interpretive overreach that has characterized dispute settlement in recent years.

5.  The United States emphasizes that it is not advancing specific negotiating proposals at this time. This paper is intended to contribute to the constructive discussions among Members, and the United States looks forward to continued participation in the constructive, informal process.