Dispute settlement mechanism in wto to settle the international trade disputes

After replaced the General Agreement on Tariffs and Trade (GATT), the international trade rules are set up and controlled the implementation of them by the World Trade Organization (WTO). So, a dispute settlement system was enforced to settle the international trade disputes between members. In this thesis, the WTO Dispute Settlement Mechanism and dispute settlement cases to which Türkiye was the party under the said mechanism and the countries which used the mechanism intensively were examined. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Annex 2 of Agreement Establishing the WTO, is to provide with a legal framework for solving disputes between members which may arise in the course of implementing WTO agreements. The DSU provisions are more binding and automatic for members compared to the GATT rules. The WTO dispute settlement system contains four main stages to settle the international trade settlements: consultation, panel, appellate review, and implementation. Analyzing the statistical data on these stages under this system, it is concluded that the WTO Dispute Settlement Mechanism have been used effectively by members. Türkiye, being a founding member of the WTO, was a party to a total of eighteen dispute cases under the Dispute Settlement Mechanism. Analyzing the statistical data on these dispute cases, it is observed that Türkiye uses the mechanism effectively and has complied with obligations within a reasonable period of time under the DSU provisions. On the other hand, since the measure imposed by Türkiye that was consistent with the European Union's criteria was found to be inconsistent with the WTO rules. It is concluded that Türkiye has to take into consideration her WTO obligations while making not only the next regulations during the accession negotiations with the European Union but also bileteral and regional aggrements. It is observed that the countries which used the mechanism intensively are the countries located on top lines in world trade and they use the mechanism against each other. It is concluded that using of the dispute settlement mechanism and WTO systems by developing and least developed countries rises in time and this situation has positive effect on their trade.