Standing Rock

1.4 Participants in the dispute settlement system

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Preface
Introduction to the WTO dispute settlement system
1.1 Importance of the WTO dispute settlement system
1.2 The Dispute Settlement Understanding
1.3 Functions, objectives and key features of the dispute settlement system
1.4 Participants in the dispute settlement system
1.5 Substantive scope of the dispute settlement system
1.6 Developing country Members and the dispute settlement system
1.7 Test Questions
Historic development of the WTO dispute settlement system
WTO Bodies involved in the dispute settlement process
Legal basis for a dispute
Possible Object of a Complaint — Jurisdiction of Panels and the Appellate Body
The process — Stages in a typical WTO dispute settlement case
Legal effect of panel and appellate body reports and DSB recommendations and rulings
Dispute Settlement without recourse to Panels and the Appellate Body
Participation in dispute settlement proceedings
Participation in dispute settlement proceedings
Developing countries in WTO dispute settlement
Evaluation of the WTO dispute settlement system: results to date
Further information
Test Summary
Annexes
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Parties and third parties
The only participants in the dispute settlement system are the Member governments of the WTO), which can take part either as parties or as third parties. The WTO Secretariat, WTO observer countries, other international organizations, and regional or local governments are not entitled to initiate dispute settlement proceedings in the WTO.

The DSU sometimes refers to the Member bringing the dispute as the “complaining party” or the “complainant” (this guide mostly uses the term “complainant”). No equivalent short term is used for the “party to whom the request for consultations is addressed”. The DSU sometimes also speaks of “Member concerned”. In practice, the terms “respondent” or “defendant” are commonly used; this guide mostly uses the term “respondent”.



No non-governmental actors back to top
Since only WTO Member governments can bring disputes, it follows that private individuals or companies do not have direct access to the dispute settlement system, even if they may often be the ones (as exporters or importers) most directly and adversely affected by the measures allegedly violating the WTO Agreement. The same is true of other non-governmental organizations with a general interest in a matter before the dispute settlement system (which are often referred to as NGOs). They, too, cannot initiate WTO dispute settlement proceedings.

Of course, these organizations can, and often do, exert influence or even pressure on the government of a WTO Member with respect to the triggering of a dispute. Indeed, several WTO Members have formally adopted internal legislation under which private parties can petition their governments to bring a WTO dispute.1

There are divergent views among Members on whether non-governmental organizations may play a role in WTO dispute settlement proceedings, for example, by filing amicus curiae submissions with WTO dispute settlement bodies. According to WTO jurisprudence, panels and the Appellate Body have the discretion to accept or reject these submissions, but are not obliged to consider them.

Do other pipelines cross such critical systems?

Christopher, this is a climbers forum. Traditionally, when a new person appears, they introduce themselves, talk about their climbing experience, and who they have climbed with that people might know. It helps in being able to relate to them, and where they are coming from.

Thanks!