WTO 분쟁해결양해(DSU) 개정협상 현황 및 쟁점

This article seeks to provide an overview of the history and main issues concerning the WTO negotiations for reforming the Understanding on Rules and Procedures Governing the Settlement of Disputes (Dispute Settlement Understanding: DSU). Part II summarizes the efforts and outcomes of the DSU negotiations over the past 15 years beginning in 1997. Part III contains a thematic overview which outlines the state-of-play and various perspectives on the 12 central issues (third party rights, panel composition, remand, mutually agreed solutions, strictly confidential information, sequencing, post-retaliation, transparency and amicus curiae briefs, timeframes, developing country interests, including special and differential treatment, flexibility and Member control, effective compliance). Indeed, through examining these issues, a number of observations can be drawn that help shed light on the current status of the DSU. First, DSU negotiations have a long history of discussions and have witnessed several attempts to arrive at a conclusion. This implies that it would be important to look into the history in order to understand correctly the proposals and issues that are currently on the table. Second, although it is undeniable that there has been progress in the negotiations, much work remains to be done in order to reach agreement. Current understanding in the negotiations is that all issues must progress in parallel, and it stands that Members have not yet completed discussion on the issues contained in the Chair's text. Nevertheless, since Members are fully committed to continuing work constructively toward a successful completion, the negotiation will keep going forward based on what has been done up to this point.