Introduction

A pivotal moment in the history of international trade was the creation of the World
Trade Organisation (WTO) in 1995. The General Agreement on Tariffs and Trade
(GATT), in charge of regulating global trade since 1947, was superseded by the
agreement.1 The World Trade Organization's (WTO) main goal is to serve as a forum for
agreements that advance development and economic expansion. The goals of these
accords are to lessen trade barriers and foster fair competition in the international market. 2

Since its establishment, a number of guiding principles have influenced the World Trade
Organization's (WTO) objectives and actions. Nondiscrimination is one of the ideas that
the Most Favoured Nation (MFN) rule and the National Treatment policy
illustrate.Standardising trading terms across WTO members is necessary to uphold the
Most-Favored Nation (MFN) principle.3 When imported goods enter the market, they
must be treated the same as products made domestically, according to the National
Treatment policy.4

It is mandatory for member states to exhibit a strong commitment to transparency by

making their trade policies generally understandable and available to the public. This is
necessary to keep the international trading system stable and predictable. 5 In addition, the
World Trade Organisation promotes the establishment of legally enforceable agreements
to improve the predictability and certainty of global trade.6

The WTO has successfully adjusted to the dynamic and changing global economic
environment since its founding. As the 20th century came to an end and the 21st century
began, digital trading became more and more commonplace and technological
improvements happened quickly.7 These shifts have presented the WTO with
opportunities as well as risks. The team has had to handle challenging situations involving
trade in services, intellectual property rights, and environmental challenges.8

Nonetheless, the World Trade Organisation has also taken heat for a number of reasons,
such as the fact that it takes too long to finalise new international trade agreements and
for what some see as an inadequate response to the concerns of poor nations. Particularly
disappointing is the absence of substantial progress made by the Doha Development
Round since its inception in 2001, which was intended to tackle these concerns.9

The World Trade Organisation (WTO) mission and guiding principles can be better
understood by consulting reliable resources. The WTO's legal foundation is the

1
World Trade Organization, "Understanding the WTO," 2023.
2
ibid.
3
WTO, "Principles of the Trading System," 2023.
4
ibid.
5
ibid.
6
ibid.
7
World Trade Organization, "Annual Report 2020," 2020.
8
Ibid.
9
WTO, "Doha Development Agenda," 2023.
Marrakesh Agreement, which created the organisation. 10 The functioning and difficulties
of it can be better understood by reading academic reports. An excellent resource for
learning about the WTO's regulations and guiding principles is "The Political Economy of
the World Trading System" by Hoekman and Kostecki from 2009. 11

A more transparent and fair international trading system was the ultimate goal of the
World Trade Organization's founding fathers. The ever-changing global economic scene
nevertheless presents obstacles that necessitate adjustment and change, notwithstanding
its considerable achievements.

Key Achievements
Trade Liberalization:

The World Trade Organisation (WTO) has played a pivotal role in transforming
international trade since its establishment in 1995, driven by its fundamental goal of trade
liberalisation. The majority of the world's trading nations negotiate, sign, and have
ratified the multilateral trade agreements that the World Trade Organisation (WTO)
facilitates in order to lower trade barriers.12

The Agreement on Agriculture (AoA), a landmark achievement in this field, was crafted
during the Uruguay Round and entered into force upon the World Trade Organization's
(WTO) foundation. The goal of the AoA was to end the widespread practice of
protectionism and subsidies in the agriculture sector and regulate trade within it. For the
first time, comprehensive regulations were applied to agricultural trade, even though the
agreement has been criticised for not going far enough in its reforms.

The General Agreement on Trade in Services (GATS) is another important aspect of trade
liberalisation under the WTO. Being the first multilateral rules governing international
commerce in services, the GATS was revolutionary. Countries have pledged to open up
their service markets to international competition as part of the GATS's framework for the
progressive liberalisation of the services sector, which accounts for a substantial
percentage of the global economy.

Another significant achievement is the Trade Facilitation Agreement (TFA), which came
into effect in 2017. For international trade to run smoothly, the TFA's primary goal is to
speed up the process of releasing and clearing commodities, particularly those in transit.
The poor world stands to gain the most from the anticipated 14.3% reduction in global
trade costs.

The World Trade Organisation has encountered obstacles and criticism in its pursuit of
trade liberalisation, notwithstanding these accomplishments. Prompt and thorough trade

10
‘WTO | legal texts - Marrakesh agreement’ (World Trade Organization - Home page - Global trade)
<www.wto.org/english/docs_e/legal_e/04-wto_e.htm> accessed 1 December 2023.
11
Bernard M. Hoekman and Michel M. Kostecki, "The Political Economy of the World Trading System,"
3rd ed. (Oxford: Oxford University Press, 2009).
12
World Trade Organization, "Understanding the WTO," 2023.
round negotiations have been elusive since the Doha Development Round started in 2001,
which is a major point of criticism. Disagreements on important subjects, like agricultural
subsidies and industrial goods market access, have caused the Round to stall.

Furthermore, the multilateral trading system advocated by the WTO faces difficulties
from the growth of protectionist views in different countries and the expanding number of
regional and bilateral trade agreements. This trend towards bilateralism and regionalism
has the potential to derail the World Trade Organization's (WTO) global trade
liberalisation initiatives.

Dispute Settlement Mechanism:

The Dispute Settlement Mechanism (DSM) is a notable achievement of the World Trade
Organisation (WTO). The goal of the DSM, founded under the DSU, is to offer a legal
and structured framework for member nations to resolve their trade disputes.13

An assessment of the effectiveness of the World Trade Organization's Dispute Settlement

Mechanism (DSM) can be conducted by examining several notable cases. For example,
Antigua and Barbuda successfully challenged US online gambling prohibitions in the
case of US v. Measures Affecting the Cross-Border Supply of Gambling and Betting
Services.14 This case affirmed the concept of parity among member states by
demonstrating how smaller nations can successfully contest larger ones within the
framework of the WTO system.

Another significant case is the European Communities v. Measures Impacting the

Marketing and Approval of Biotech Products. The GMO regulatory framework of the
European Union (EU) faced opposition from some World Trade Organisation (WTO)
members, such as the United States, Canada, and Argentina. 15 The panel and Appellate
Body's decisions in this case highlighted the importance of the WTO in handling intricate
trade disputes that involve health and environmental concerns.

But the DSM has taken heat for a number of reasons, most notably for how ineffective
and efficient it is. A major worry is the protracted procedure of dispute settlement, which
may take years from start to finish.16 This was demonstrated in the Brazil - Measures
Affecting Imports of Retreaded Tyres case, which lasted for years and prompted concerns
about how quickly the WTO resolves disputes.17

13
‘Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) | WTO iLibrary’
(WTO iLibrary) <www.wto-ilibrary.org/content/books/9789287046741c005> accessed 1 December
2023.
14
WTO, "United States – Measures Affecting the Cross-Border Supply of Gambling and Betting
Services," DS285, 2005.
15
WTO, "European Communities – Measures Affecting the Approval and Marketing of Biotech
Products," DS291, 2006.
16
M. Bronckers and N. McNelis, "The EU and the WTO: Legal and Constitutional Issues," (Oxford: Hart
Publishing, 2005), 123-145.
17
WTO, "Brazil – Measures Affecting Imports of Retreaded Tyres," DS332, 2007.
The power disparity and political pressure between wealthy and poor nations is another
obstacle. There are worries that wealthy nations may use their influence to influence the
results of disputes or react outside of the WTO framework, even though the DSM is
meant to be unbiased.

Accession of New Members:

A major part of the World Trade Organization's (WTO) operations is the admission of
new members, which shows how universal the organisation is and how everyone
throughout the world accepts the rules-based trade system. A growing number of
countries, especially those in economic transition, have joined the World Trade
Organisation (WTO) since its inception in 1995, changing the dynamics of international
trade and the organisation itself.

The World Trade Organisation (WTO) membership process is more difficult for nations
in transition, defined as those shifting from a centrally planned to a market-oriented
economy. Complex talks characterise the accession process, which necessitates massive
economic and legal reforms by applicant nations to bring them into line with WTO
principles and regulations. The 2001 inclusion of China exemplified the fact that this
process is often arduous and time-consuming. 18 The accession of China to the World
Trade Organisation (WTO) is a significant milestone, signifying the incorporation of one
of the major economies globally into the international trading framework. The process of
membership necessitated substantial market liberalisation and regulatory reforms in
China, resulting in far-reaching consequences for global trade dynamics.

Russia's admission in 2012 marked a significant milestone after almost twenty years of
negotiations.19 The inclusion of Russia was seen as a vital measure in incorporating a
significant economy into the worldwide trade structure, offering momentum to the system
of international trade.

The membership of transitional economies in the WTO has resulted in diverse

implications. Initially, it has facilitated the establishment of a more secure and foreseeable
international economic environment by expanding the jurisdiction of the World economic
Organization's regulations-driven framework. Nevertheless, the integration of large and
diverse economies has given rise to new challenges and problems within the WTO
framework. Membership of states such as China, which has significant state engagement
in the economy, has raised worries about the effectiveness of WTO norms in addressing
state capitalism.

The lengthy and onerous standards of the accession procedure may deter many
governments from joining the WTO. Smaller and less developed economies may find the
prolonged negotiations and significant obligations particularly burdensome.

18
‘WTO | Accessions: China’ (World Trade Organization - Home page - Global trade)
<www.wto.org/english/thewto_e/acc_e/a1_chine_e.htm> accessed 1 December 2023.
19
‘WTO | Accessions: Russian Federation’ (World Trade Organization - Home page - Global trade)
<www.wto.org/english/thewto_e/acc_e/a1_russie_e.htm> accessed 1 December 2023.
Trade Policy Review Mechanism:

When it comes to keeping tabs on and analysing member nations' trade policies, the
World Trade Organization's Trade Policy Review Mechanism (TPRM) is an absolute
lifesaver. Transparency, understanding, and respect to the laws and promises made under
the WTO agreements are the goals of the TPRM, which was established during the
Uruguay Round and formalised in 1995.20

It is possible to evaluate the TPRM's efficacy from multiple angles. To begin with, it
offers a consistent and methodical evaluation of the trade policies and practices of each
WTO member. According to a set schedule, the size of the member's economy determines
how often these reviews are carried out. A review is conducted every two years for the
biggest economies, including China, the EU, and the US, and less frequently for smaller
economies.21

The TPRM has helped increase openness in international trade, which is a major plus.
The mechanism helps WTO members understand and anticipate member countries' trade
policies by giving thorough reporting on such policies. For governments and businesses
to make educated decisions and keep the global trading system stable, this transparency is
essential.22

There are several limits to the TPRM, though. Even while it examines the trade policies
of the member states extensively, the results and suggestions are not enforceable in any
way. This means that the TPRM isn't equipped to deal with non-compliance with WTO
regulations or compel modifications.23 When TPRM member states opt not to implement
the recommendations, the absence of enforcement power can reduce the influence of the
TPRM.

In addition, the information provided by member nations must be accurate and

comprehensive for the TPRM to work. There are situations where the review process can
be hindered due to a lack of transparency or unwillingness to disclose entire
information.24

Development Agenda:

For a long time, the World Trade Organisation (WTO) has known that emerging nations'
unique trading requirements must be met. This recognition is encapsulated in the World
20
‘WTO | Trade Policy Reviews - gateway’ (World Trade Organization - Home page - Global trade)
<www.wto.org/english/tratop_e/tpr_e/tpr_e.htm> accessed 1 December 2023.
21
Ibid.
22
‘The WTO’s 25 years of achievement and challenges’ (World Trade Organization - Home page -
Global trade) <www.wto.org/english/news_e/news20_e/dgra_01jan20_e.htm> accessed 1 December
2023.
23
M. Matsushita, T. J. Schoenbaum, and P. C. Mavroidis, "The World Trade Organization: Law, Practice,
and Policy," (Oxford: Oxford University Press, 2006).
24
‘Transparency at the WTO: Why Does Transparency Matter, and Are Members Meeting Their
Obligations?’ (CSIS | Center for Strategic and International Studies)
<www.csis.org/analysis/transparency-wto-why-does-transparency-matter-and-are-members-
meeting-their-obligations> accessed 1 December 2023.
Trade Organization's Development Agenda, which incorporates measures for developing
and least-developed nations (LDCs) to get special and differential treatment (S&D).The
concept of S&D is integral to the WTO agreements, allowing for longer time periods for
implementing agreements and commitments, measures to increase trading opportunities
for developing countries, and provisions requiring all WTO members to safeguard the
trade interests of developing countries.25 A key example is the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS), which includes provisions
allowing developing countries more time to align their intellectual property laws with the
agreement's standards.26

In 2001, the Doha Development Round was launched with the explicit goal of addressing
the challenges faced by developing countries in the global trade system. Problems
including market access, tariffs and non-tariff obstacles, and agricultural subsidies all
have an outsized impact on developing countries. 27 Disagreements between wealthy and
poor nations have halted crucial discussions, meaning that the Doha Round has moved at
a snail's pace and been full with obstacles.

Many argue that the S&D elements of the WTO's development strategy don't go far
enough in helping developing nations overcome the systemic problems they confront.
Some feel that poor nations will not be able to improve their capabilities and fully
participate in the global commercial system because of these provisions.28

Furthermore, the conventional classification of nations under the WTO and the
applicability of current S&D requirements have been called into question by the evolving
global economic scene, which has seen emerging nations rise to prominence as economic
actors. The World Trade Organization's (WTO) long-established categories of
"developing" and "developed" nations are being tested by new economic giants like
China and India.29

25
‘WTO | Development - Special and differential treatment provisions’ (World Trade Organization -
Home page - Global trade)
<www.wto.org/english/tratop_e/devel_e/dev_special_differential_provisions_e.htm> accessed 1
December 2023.
26
‘WTO | legal texts - Agreement on Trade-Related Aspects of Intellectual Property Rights as Amended
by the 2005 Protocol Amending the TRIPS Agreement’ (World Trade Organization - Home page -
Global trade) <www.wto.org/english/docs_e/legal_e/trips_e.htm> accessed 1 December 2023.
27
WTO, "Doha Development Agenda," 2001.
28
J. Bhagwati, "The World Trading System at Risk," (Princeton: Princeton University Press, 1991).
29
A. O. Sykes, "The WTO Agreement on Safeguards: A Commentary," (Oxford: Oxford University Press,
2006).
Key Challenges
Stalled Trade Negotiations:

It is clear from the Doha Development Round in particular that the World Trade
Organisation has faced substantial obstacles in progressing global trade negotiations.
With its 2001 launch, the Doha Round sought to improve developing nations' economic
prospects by lowering trade barriers globally. Years of discussions have left the Round
unfinished, demonstrating how difficult it is to establish a consensus among the many
WTO members.

The vast difference in economic priorities and interests among member nations has been
one of the main obstacles in the Doha Round. India and Brazil are among the developing
nations that have been pushing for wealthy nations to cut agricultural subsidies and tariffs
significantly so that they can expand their export markets. On the other hand,
industrialised nations such as the US and EU have been advocating for more IP protection
regulations and easier access to emerging market markets for industrial goods and
services.30 A deadlock has resulted from these competing agendas, as neither side is
prepared to give much.

Another major obstacle has been the Doha Round's "single undertaking" strategy, which
states that no agreement can be reached until all issues are resolved. It becomes difficult
to reach broad agreements when progress in one area is threatened by conflicts in
another.31

The proliferation of regional and bilateral trade agreements has also had an effect on the
Doha Round. Due to the impasse in WTO discussions, numerous nations have sought out
these options in the hopes of securing trade treaties more quickly. Because of this change,
fewer resources are going into the World Trade Organisation negotiating process, and the
multilateral trade system is weaker as a result.32

In addition, changes in global economic power and geopolitical concerns have added
another layer of complexity to the negotiation dynamics. The negotiations have taken on
new dimensions due to the rising power of developing nations like China and the altered
economic climate following the 2008 financial crisis, which has made reaching a
consensus all the more difficult.33
30
B. Hoekman and P. English, "Development, Trade, and the WTO: A Handbook," (Washington D.C.:
World Bank, 2002)
31
‘An assessment of the WTO Doha Round July–December 2008 collapse | World Trade Review |
Cambridge Core’ (Cambridge Core)
<www.cambridge.org/core/journals/world-trade-review/article/abs/an-assessment-of-the-wto-doha-
round-julydecember-2008-collapse/679C7774AD8F12C158CA0F93DF5ABA11> accessed 20 December
2023.
32
Reforming the world trade organization | chatham house – international ... Available at:
https://www.chathamhouse.org/2020/09/reforming-world-trade-organization (Accessed: 20
December 2023).
33
Richard Baldwin and Simon Evenett, ‘The Collapse of Global Trade, Murky Protectionism and the
Crisis’ (CEPR, 5 March 2009) <https://cepr.org/publications/books-and-reports/collapse-global-trade-
Rise of Bilateral and Regional Trade Agreements:

There have been major shifts in the international trade environment, with RTAs (regional
and bilateral) rising to prominence and casting doubt on the WTO's multilateral trading
system. The World Trade Organisation (WTO) framework isn't the only option for
nations looking to strengthen trade links and reap economic benefits; common markets,
customs unions, and free trade agreements (FTAs) are just a few examples.

The possibility for trade diversion is one of the main ways in which these agreements
affect the multilateral system. Trade can be redirected from more efficient global
manufacturers to less efficient regional partners due to the preferential treatment that
member countries receive in bilateral and regional agreements. As a result, the WTO's
guiding concept of non-discrimination is jeopardised.34

The "spaghetti bowl" effect, a word made up by economists to characterise the mess that
results when several trade agreements' regulations and standards overlap, is another cause
for worry. Businesses, especially smaller and medium-sized ones, may find it difficult to
understand and comply with the various requirements of each agreement, which can lead
to unnecessary fees and headaches.35

Regardless of these reservations, many who support regional and bilateral agreements
contend that they can serve as'supportive elements' for freer trade on a global scale.
Services, investments, and e-commerce are all examples of deeper integration concerns
that might be explored through these agreements rather than in the larger WTO
negotiations. It is possible to integrate RTA best practices into the international system
afterward.36

Nevertheless, there is still disagreement over whether RTAs are effective building blocks.
Since these agreements have the potential to establish exclusive economic blocs and
diverse norms that make international trade discussions more difficult, some academics
contend that their effectiveness in fostering wider liberalisation is mixed.37

Dispute Settlement System Criticisms:

One of the most lauded accomplishments of the World Trade Organisation (WTO) is its
Dispute Settlement System (DSS). But it has not escaped questions about its objectivity
and efficacy.

A common complaint about the WTO's DSS is the time and effort it takes to complete.
Beginning with the first consultation and continuing through the acceptance of panel and
Appellate Body recommendations, the dispute resolution process might take years to
murky-protectionism-and-crisis> accessed 20 December 2023.
34
J. Bhagwati, "In Defense of Globalization," (Oxford: Oxford University Press, 2004).
35
Richard E. Baldwin, ‘Lessons from the European Spaghetti Bowl’ (Search eLibrary :: SSRN)
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2255911> accessed 30 December 2023.
36
P. C. Mavroidis, "Trade in Goods," 2nd ed. (Oxford: Oxford University Press, 2012).
37
M. J. Trebilcock and R. Howse, "The Regulation of International Trade," 4th ed. (London: Routledge,
2013).
complete. Smaller and underdeveloped nations may not have the means or knowledge to
adequately participate in drawn-out legal disputes, making this lengthy procedure all the
more difficult for them. This incident brings up questions regarding the fairness of the
WTO's justice system.38

An additional major worry is the Appellate Body, an integral component of the DSS.
Some member states feel the Appellate Body interprets WTO accords in ways that go
beyond what was agreed upon during negotiations, leading to criticism of judicial
activism and the possibility that the Body has overstepped its authority. Because of this,
some have questioned the system's objectivity and accused it of prejudice.39

The enforcement mechanism of the DSS is currently facing criticism. Trade fines may
have a more severe impact on smaller economies, regardless of the World Trade
Organisation's power to enforce them on governments that do not comply. Nevertheless,
more substantial economies possess the means to assimilate or counteract punishments,
potentially diminishing the efficacy of enforcement and generating disparities in power. 40

Furthermore, the US's obstruction of appointments to the Appellate Body has underscored
the vulnerability of the Dispute Settlement System (DSS) to political influences. The
authority of the Appellate Body to review new cases has been significantly limited due to
this action, raising concerns about the long-term viability of the DSS.41

Global Economic Shifts and the WTO:

The World Trade Organisation (WTO) has faced substantial challenges in adapting to
shifts in the global economy, including the rise of digital trade and the increasing
economic influence of countries like China. The adjustments have proved the suppleness
and responsiveness of the WTO's laws.

The global economic landscape underwent a significant transformation with China's

accession to the World Trade Organisation in 2001. China's accession to the World Trade
Organisation was a significant turning point for the country, which is recognised as one of
the global economic powerhouses. However, there have been certain issues with this
integration. Given the distinctive amalgamation of state-driven capitalism and China's
substantial economy, there is speculation over the sufficiency of the existing WTO norms
in addressing issues such as state subsidies, intellectual property rights, and market

38
Gruszczynski, Lukasz & Scott, Joanne. (2023). The WTO Agreement on Sanitary and Phytosanitary
Measures. A Commentary (2nd ed.). 10.1093/law/9780192845191.001.0001.
39
Marceau, Gabrielle. (1999). A Call for Coherence in International Law—Praises for the Prohibition
Against "Clinical Isolation" in WTO Dispute Settlement. Journal of World Trade. 33. 87-152.
10.54648/TRAD1999036.
40
Busch, Marc & Reinhardt, Eric. (2000). Developing countries and GATT/WTO dispute settlement.
Journal of World Trade. 37. 10.1017/CBO9780511674518.008.
41
‘Resolving the WTO Appellate Body Crisis, Volume 2 - WITA’ (WITA)
<www.wita.org/atp-research/resolving-appellate-body-crisis/> accessed 8 January 2024.
access.42 These problems have been difficult for the WTO to resolve, which shows that
the organisation needs to change to stay up with the dynamic nature of international trade.

The World Trade Organisation (WTO) has been making efforts to stay up with the
quickly evolving technology landscape of digital trade. A growing portion of the world's
economy is reliant on digital trade, which includes online shopping, data transfers, and
digital services. Data localization and cross-border data flows are two examples of digital
trade concerns that are under-recognized by the World Trade Organization's present
regulations, which were mainly crafted before the digital era. The complexity of digital
trade has prompted demands for new agreements and regulations inside the WTO
framework.43

Digital trade's meteoric ascent has drawn attention to the widening gap between rich and
poor nations in terms of their internet infrastructure and technological prowess. To avoid
exacerbating preexisting disparities, the World Trade Organisation must ensure that
future regulations on digital trade are inclusive.44

Response to Global Crises:

Responding to global economic crises, such as the 2008 financial crisis and the COVID-
19 pandemic, has been extremely difficult for the World Trade Organisation (WTO). 45

Nevertheless the COVID-19 epidemic was a more complicated obstacle. The WTO's
ability to sustain trade flows and adjust to fast changing global trade dynamics was put to
the test by the unprecedented crisis, which was marked by interruptions to supply chains
and fluctuating demands. Medical supply and vaccine export limitations were among the
trade-related difficulties brought to light by the pandemic, and the organization's sluggish
response to these concerns earned it condemnation. Despite the World Trade
Organization's (WTO) comments stressing the significance of stable and open markets, its
ability to coordinate a worldwide trade response to the epidemic has been called into
question.46

As a forum for international discussion and collaboration, the World Trade Organisation
played a pivotal role in both crises. But these crises showed that the WTO has to be
quicker and smarter to deal with international crises.

42
‘WTO | Publications | The WTO at Twenty: Challenges and Achievements’ (World Trade Organization
- Home page - Global trade) <www.wto.org/english/res_e/publications_e/wto_at_twenty_e.htm>
accessed 1 December 2023.
43
‘The Impact of Digitalization on Global Trade Law’ (Search eLibrary :: SSRN)
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4349803> accessed 1 December 2023.
44
J. A. Ocampo, "Resetting the International Monetary (Non)System," (Oxford: Oxford University Press,
2017).
45
Determinants of Trade Policy Responses to the 2008 Financial Crisis’ (Search eLibrary :: SSRN)
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1952491> accessed 1 December 2023.
46
‘COVID-19 and world trade’ (World Trade Organization - Home page - Global trade)
<www.wto.org/english/tratop_e/covid19_e/covid19_e.htm> accessed 1 December 2023.
Conclusion
In conclusion, since its establishment in 1995, the World Trade Organisation (WTO) has
been instrumental in moulding the international economic scene. Notwithstanding
obstacles in progressing global trade negotiations, most notably the Doha Development
Round, the organisation has enabled trade liberalisation through major agreements such
as the Agreement on Agriculture and the General Agreement on Trade in Services.

Despite its merit, the World Trade Organization's Dispute Settlement Mechanism has
been the target of complaints about its slow procedures and doubts about its objectivity.
Both the scope and complexity of the World Trade Organisation have grown with the
admission of new members, particularly those economies in transition. In a similar vein,
the Trade Policy Review Mechanism has increased openness, although its lack of binding
power limits its impact.

The global economic environment has become more fragmented due to the emergence of
bilateral and regional trade agreements, which have challenged the multilateral
framework of the WTO. In addition, the necessity for substantial changes has been
highlighted by the organization's reaction to worldwide economic changes, such as the
growth of digital trade and rising economic powers like China.

The WTO's response to global crises, such as the 2008 financial crisis 47 and the COVID-
19 pandemic48, highlights its role in promoting stability and cooperation, though it also
reveals areas where greater agility and proactiveness are needed.

There is a pressing need for the World Trade Organisation to change and adapt if it is to
continue to play an important role in facilitating international trade and meet the
challenges of the future.

Bibliography

47
‘Determinants of Trade Policy Responses to the 2008 Financial Crisis’ (Search eLibrary :: SSRN)
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1952491> accessed 9 December 2024.
48
‘COVID-19 and world trade’ (World Trade Organization - Home page - Global trade)
<www.wto.org/english/tratop_e/covid19_e/covid19_e.htm> accessed 10 December 2024.
 1. Primary Sources
1.1. Cases-

1. WTO, 'Brazil – Measures Affecting Imports of Retreaded Tyres', DS332, 2007.

2. WTO, 'Doha Development Agenda', 2001.

3. WTO, 'European Communities – Measures Affecting the Approval and Marketing

of Biotech Products', DS291, 2006.

4. WTO, 'United States – Measures Affecting the Cross-Border Supply of Gambling

and Betting Services', DS285, 2005.

5. WTO, 'Principles of the Trading System', 2023.

2. Secondary Sources

2.1. Books

1. Sykes, A. O., The WTO Agreement on Safeguards: A Commentary (Oxford:

Oxford University Press, 2006).

2. Hoekman, B. and English, P., Development, Trade, and the WTO: A Handbook
(Washington D.C.: World Bank, 2002).

3. Hoekman, Bernard M. and Kostecki, Michel M., The Political Economy of the
World Trading System, 3rd ed. (Oxford: Oxford University Press, 2009).

4. Ocampo, J. A., Resetting the International Monetary (Non)System (Oxford:

Oxford University Press, 2017).

5. Bhagwati, J., In Defense of Globalization (Oxford: Oxford University Press,

2004).

6. Bhagwati, J., The World Trading System at Risk (Princeton: Princeton University
Press, 1991).

7. Bronckers, M. and McNelis, N., The EU and the WTO: Legal and Constitutional
Issues (Oxford: Hart Publishing, 2005), 123-145.

8. Trebilcock, M. J. and Howse, R., The Regulation of International Trade, 4th ed.
(London: Routledge, 2013).

9. Matsushita, M., Schoenbaum, T. J., and Mavroidis, P. C., The World Trade
Organization: Law, Practice, and Policy (Oxford: Oxford University Press,
2006).

10. Mavroidis, P. C., Trade in Goods, 2nd ed. (Oxford: Oxford University Press,
2012).
2.2. Journal Articles

1. ‘An assessment of the WTO Doha Round July–December 2008 collapse’, World
Trade Review, Cambridge Core <www.cambridge.org/core/journals/world-trade-
review/article/abs/an-assessment-of-the-wto-doha-round-julydecember-2008-
collapse/679C7774AD8F12C158CA0F93DF5ABA11> accessed 20 December
2023.

2. Busch, Marc & Reinhardt, Eric. (2000). 'Developing countries and GATT/WTO
dispute settlement'. Journal of World Trade. 37.

3. Gruszczynski, Lukasz & Scott, Joanne. (2023). 'The WTO Agreement on Sanitary
and Phytosanitary Measures. A Commentary', 2nd ed.

4. Marceau, Gabrielle. (1999). 'A Call for Coherence in International Law—Praises

for the Prohibition Against "Clinical Isolation" in WTO Dispute Settlement'.
Journal of World Trade. 33, 87-152.

2.3. Websites

1. ‘COVID-19 and world trade’, World Trade Organization

<www.wto.org/english/tratop_e/covid19_e/covid19_e.htm> accessed 10
December 2023.

2. ‘The WTO’s 25 years of achievement and challenges’, World Trade Organization

<www.wto.org/english/news_e/news20_e/dgra_01jan20_e.htm> accessed 20
December 2023.

3. ‘Transparency at the WTO: Why Does Transparency Matter, and Are Members
Meeting Their Obligations?’, CSIS | Center for Strategic and International Studies
<www.csis.org/analysis/transparency-wto-why-does-transparency-matter-and-are-
members-meeting-their-obligations> accessed 1 December 2023.

4. ‘WTO | Accessions: China’, World Trade Organization

<www.wto.org/english/thewto_e/acc_e/a1_chine_e.htm> accessed 1 December
2023.

5. ‘WTO | Accessions: Russian Federation’, World Trade Organization

<www.wto.org/english/thewto_e/acc_e/a1_russie_e.htm> accessed 1 December
2023.

6. ‘WTO | Development - Special and differential treatment provisions’, World

Trade Organization
<www.wto.org/english/tratop_e/devel_e/dev_special_differential_provisions_e.ht
m> accessed 1 December 2023.
2.4. Legal Texts

1. ‘Understanding on Rules and Procedures Governing the Settlement of Disputes

(DSU) | WTO iLibrary’, WTO iLibrary
<www.wto-ilibrary.org/content/books/9789287046741c005> accessed 1
December 2023.

2. ‘WTO | legal texts - Agreement on Trade-Related Aspects of Intellectual Property

Rights as Amended by the 2005 Protocol Amending the TRIPS Agreement’,
World Trade Organization <www.wto.org/english/docs_e/legal_e/trips_e.htm>
accessed 1 December 2023.

3. ‘WTO | legal texts - Marrakesh agreement’, World Trade Organization

<www.wto.org/english/docs_e/legal_e/04-wto_e.htm> accessed 1 December
2023.

2.5. Reports and Research Papers

1. ‘Resolving the WTO Appellate Body Crisis, Volume 2 - WITA’, WITA

<www.wita.org/atp-research/resolving-appellate-body-crisis/> accessed 8 January
2024.

2. ‘The Impact of Digitalization on Global Trade Law’, Search eLibrary :: SSRN

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4349803 accessed 1
December 2023.

2.6. Websites and Reports

1. ‘WTO | Publications | The WTO at Twenty: Challenges and Achievements’,

World Trade Organization
<www.wto.org/english/res_e/publications_e/wto_at_twenty_e.htm> accessed 1
December 2023.

2. ‘WTO | Trade Policy Reviews - gateway’, World Trade Organization

<www.wto.org/english/tratop_e/tpr_e/tpr_e.htm> accessed 1 December 2023.

3. ‘Determinants of Trade Policy Responses to the 2008 Financial Crisis’, Search

eLibrary :: SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1952491
accessed 9 December 2023.

4. Baldwin, Richard and Evenett, Simon. ‘The Collapse of Global Trade, Murky
Protectionism and the Crisis’ (CEPR, 5 March 2009)
https://cepr.org/publications/books-and-reports/collapse-global-trade-murky-
protectionism-and-crisis accessed 20 December 2023.

5. Baldwin, Richard E. ‘Lessons from the European Spaghetti Bowl’ (Search

eLibrary :: SSRN) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2255911
accessed 30 December 2023.
6. ‘Reforming the world trade organization | chatham house – international ...’
https://www.chathamhouse.org/2020/09/reforming-world-trade-organization
accessed 20 December 2023.

7. World Trade Organization, Annual Report 2020, 2020.

8. World Trade Organization, Understanding the WTO, 2023.