Dispute Settlement Body - Special Session - Report by the Chairman, Ambassador Kokou Yackoley Johnson to the Trade Negotiations Committee

SPECIAL SESSION OF THE Dispute Settlement Body

Report by the Chairman, Ambassador Kokou Yackoley Johnson,

to the Trade Negotiations Committee

1  Introduction

1.1.  This report, which I submit under my own responsibility and without prejudice to Members' positions, provides an overview of the work of the Dispute Settlement Body in Special Session (DSB-SS) since I was elected as Chair in July 2019.  

2  Ongoing work

2.1.  Following my election in July 2019, I held informal bilateral meetings with interested delegations with a view to hearing their views on the way forward as well as their expectations in the context of the DSU negotiations. I also held an informal open-ended meeting in November 2019 to report on these consultations and to provide an opportunity to all Members to express their views on the work of the DSB-SS.

2.2.  At the November 2019 meeting, I reported that the delegations I had met with expressed support for the work of the DSB-SS. At the same time, concern had been expressed that resuming intensive work in the Special Sessions may not be fruitful at that time, as the attention of Members was focused on more pressing issues relating to the overall functioning of the dispute settlement system and preparations for the Twelfth Ministerial Conference (MC12), which was originally scheduled to take place from 8 to 11 June 2020, but was postponed due to the COVID‑19 pandemic.

2.3.  In light of the views generally expressed by Members, I informed participants that I did not intend to hold any further meetings for the time being, and that I remained available to meet with any delegation wishing to discuss any issues relating to the work of the DSB-SS. I have, since then, reported to the TNC that I remain available to delegations wishing to discuss the work in the DSB-SS.

3  Looking ahead

3.1.  The circumstances around the work of the DSB-SS remain largely unchanged since my last report to the TNC in July 2021. As I reported at the time, my understanding remains that delegations consider that discussing clarifications and improvements to the DSU in the context of the DSB-SS is unlikely to be productive at this moment, while issues with the overall functioning of the dispute settlement system, as they have arisen from the debate around the functioning of the Appellate Body, remain to be resolved. I am aware that these issues are the subject of consultations in the context of preparations for MC12. While I am very conscious that this context may make it difficult to take forward substantive work in the DSB-SS at the current time, I continue to be guided by Members, and of course remain available to hear the views any Member may have in regard to the work within the DSB-SS.