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WTO's Future at CTIL-SAIELN Talk: Dispute Settlement & Trade Challenges

The Centre for Trade and Investment Law and SAIELN hosted a virtual trade talk on the future of multilateral trade governance. Amitabh Kumar emphasized the WTO's foundational role and concerns over non-tariff measures and plurilateral approaches. Mark Wu assessed the WTO's functions, noting the paralysis of the Appellate Body since 2019. The session also discussed geopolitical and technological challenges affecting the trading system.

Key Points: WTO Dispute Settlement & Trade Challenges in Focus

  • WTO Appellate Body remains non-functional since 2019
  • Growing reliance on plurilateral approaches and non-tariff measures
  • Geopolitical, technological, and economic challenges affect trade governance
  • Interim mechanisms like MPIA offer partial solutions
2 min read

WTO dispute settlement paralysis, evolving trade challenges in focus at CTIL-SAIELN Virtual Trade Talk

CTIL-SAIELN virtual trade talk examines WTO's paralysis, evolving challenges, and the role of multilateral trade governance with experts Amitabh Kumar and Mark Wu.

"The WTO's foundational role as a rules-based multilateral institution must be preserved, with special attention to developing countries. - Amitabh Kumar"

New Delhi, April 28

The Centre for Trade and Investment Law, in partnership with the South Asia International Economic Law Network, organised a virtual trade talk on "The Future of Multilateral Trade Governance and the Role of the World Trade Organization" on April 27, focusing on the evolving role of the World Trade Organization amid emerging geopolitical, technological and economic challenges, according to the Ministry of Commerce & Industry.

The discussion examined the WTO's core functions monitoring, negotiation and dispute settlement and assessed their effectiveness in addressing current trade dynamics.

Addressing the session, Amitabh Kumar, Additional Secretary, Ministry of Commerce and Industry, highlighted the WTO's foundational role as a rules-based multilateral institution. He emphasised the importance of consensus-based decision-making and the continued relevance of special and differential treatment for developing countries to maintain a level-playing field for all WTO members. He also raised concerns over the increasing reliance on plurilateral approaches and the proliferation of non-tariff measures.

The session examined challenges confronting the WTO's dispute settlement mechanism, particularly the continued non-functionality of the Appellate Body since 2019. Discussions also addressed the erosion of key principles such as the most-favoured-nation obligation and the growing invocation of national security exceptions in trade measures.

Keynote speaker Mark Wu, Henry L. Stimson Professor of Law at Harvard Law School, provided an assessment of the WTO's institutional functions. He noted that while the monitoring function remains active through committees and trade policy reviews, negotiations continue to face challenges. He also pointed out that the dispute settlement system remains impaired due to the Appellate Body's paralysis and said interim mechanisms such as the Multi-Party Interim Appeal Arbitration Arrangement provide partial solutions.

Wu also examined broader structural factors affecting the WTO, including geopolitical contestation, technological transformation and global economic imbalances, noting that these contribute to a period of transition for the multilateral trading system.

The session was moderated by James J. Nedumpara, Professor and Head, CTIL, and India Chair, WTO Chairs Programme.

The event concluded with an interactive discussion with participants on dispute settlement, consensus-based decision-making and the future trajectory of multilateral trade governance.

- ANI

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Reader Comments

S
Sneha F
The national security exception is being overused by big powers to bypass WTO rules. India needs to be careful that such exceptions don't become a tool for protectionism against us. The reporting on non-tariff measures is spot on—that's the new battlefield for trade, not tariffs. I hope our policymakers are building capacity in that area.
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Ravi K
Interesting session. The MPIA mechanism is a stopgap, but not a solution. We need the Appellate Body back, otherwise the whole dispute settlement system becomes toothless. Also, with technology transforming trade so fast—AI, digital services, data flows—the WTO's rules feel like they're from another era. Hope the next Ministerial Conference delivers something concrete.
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Emma D
Special and differential treatment is crucial, but developing countries also need to be prepared to take on more commitments in areas like e-commerce and climate. India's stance on protecting policy space is valid, but we can't be left out of new rule-making. It's a balancing act—defend our interests, but also engage constructively. Kudos to CTIL for organizing this.
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Priya S
Honestly, I worry India is sometimes too defensive in WTO negotiations. Yes, protect our farmers and small industry, but we also need to push for market access in services—IT, pharma, etc. The panel discussion on geopolitical contestation is timely; with US-China tensions, India can be a bridge, but we must also secure our own supply chains. More such virtual talks needed! 👍

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