  
  
JOB/DSB/4  
5 July 2023 
(23-4537) Page: 1/2 
 Original:  English  
 
  
U.S. OBJECTIVES FOR A REFORMED DISPUTE SETTLEMENT SYSTEM  
COMMUNICATION FROM THE UNITED STATES  
The following communication, dated 5 July 2023, is being circulated at the request of the delegation 
of the United States.  
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INTRODUCTION  
1.  The United States intends to lead in all areas where we can contribute, including on dispute 
settlement reform, but achieving fundamental reform can only happen through a collective, 
Member -driven process.  We are determined t o pursue an interest -based, inclusive process that 
brings in all WTO Members as we work towards fundamental reform.  In doing so, we will work 
towards producing a system that reinforces principles of fairness , equity , and sovereignty  that 
underlie support for the multilateral trading system.  The dispute settlement system should preserve 
the policy space in WTO rules for Members to address their critical societal interests and support 
rather than undermine the WTO 's role as a forum for discussion and negotiation to help Members 
address new challenges.  
2.  The United States has been clear from the beginning that the success of dispute settlement 
reform efforts depends on understanding each other 's interests in dispute settlement.  The reform 
discussions have so far been guided by the interests of Members, with all Members invited to share 
their interests.  The contributions of all Members are driving these discussions with the assistance of 
a capable facilitator.  
3.  In this context, no Member dictates the terms of reform.  The United States has shared a number 
of ideas on dispute settlement reform in the informal discussions, with an open mind to different 
ways of achieving the interests that we and other Members have identified.  We support the work of 
the facilitator and will not disclose information that may undermine the constructive nature of the 
discussions so far.  
4.  However, w e see value in clearly identifying certain U.S. objectives for a reformed dispute 
settlement system, without prejudice to t he specific manner in which these objectives may be 
achieved.  A well -functioning dispute settlement system supports all WTO Members in the resolution 
of their disputes in an efficient and transparent manner, and in doing so limits the needless 
complexity a nd interpretive overreach that has characterized dispute settlement in recent years.  
5.  The United States emphasizes that it is not advancing specific negotiating proposals at this time . 
This paper is intended to contribute to the constructive discussions amo ng Members, a nd the United 
States looks forward to continued participation  in the constructive, informal process . 
EXAMPLES OF POSITIVE CONTRIBUTIONS OF A REFORMED DISPUTE SETTLEMENT SYSTEM  
6.  FACILITATING THE RESOLUTION OF TRADE DISPUTES:  The use of dispute settlement to create 
new rules has contributed to the atrophy of the monitoring and deliberative functions of the WTO.  
We support a system in which dispute settlement remains focused on assisting Members in resolution 
of their disputes, and preserv es the roles of the monitoring and deliberative functions of the WTO.  JOB/DSB/4  
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  7.  MAINT AINING EXISTING COMMITMENTS AND RULES  AS AGREED : WTO commitments and rules 
are agreed by Members and intended to be mutually beneficial.  The commitments and rules derive 
legitimacy from Members ' agreement, and their understanding of what they have agreed.  WTO 
dispute settlement cannot be a means to change the commitments and rules of the WTO agreements 
without the consent of all Members.  We support a system that respects t he rules, including the policy 
space left to Members, as agreed by Members.  
8.  PRESERVING AND PROMOTING FAIRNESS IN THE TRADING SYSTEM : WTO dispute settlement 
adjudicators have interpreted commitments and rules in ways that undermine core values, such as 
the ability of Members to protect their workers and businesses from non -market economic 
distortions, to promote democracy and human rights, or to protect human health or the 
environment.  We support a system that enables rather than undermines Members ' ability to promote 
and defend their values so that the trading system is a force for good.  
9.  RESPECTING THE ESSENTIAL SECURITY INTERESTS OF MEMBERS:  WTO dispute settlement 
cannot be a forum for debating and deciding on the essential security interests of Members.  We 
support a system that respects the right of Members to determine what action is necessary to pr otect 
their essential security interests.  
10.  UTILIZING ALL AVAILABLE TOOLS TO RESOLVE DISPUTES:  WTO dispute settlement has 
become synonymous with litigation, leadi ng to increased judicialization of the system.  The United 
States supports a system that maximizes the tools available under the DSU to assist WTO Members 
in resolving trade disputes.  
11.  REDUCING COSTS TO ENABLE WIDER ACCESS TO DISPUTE RESOLUTION:  WTO dispute 
settlement is prohibitively expensive for most WTO Members, failing to deliver a system for resolving 
trade disputes that can be effectively utilized by all Members.  We support a system that makes the 
dispute settlement system accessible and affordable for  all Members, in particular 
capacity -constrained Members.  
12.  RESOLVING DISPUTES EFFICIENTLY:  WTO dispute settlement proceedings routinely drag on for 
years, failing to deliver an effective solution for governments and stakeholders.  We support a more 
streamlin ed, efficient form of dispute resolution.  
13.  PROMOTING TRANSPARENCY OF THE SYSTEM:  WTO dispute settlement has nothing to hide 
from the public.  We support a system that can be better understood and accessed by Members who 
are not directly involved in the dispu te and the public.  
14.  BUILDING TRUST IN THE SYSTEM AND ITS RESULTS:  WTO dispute settlement  adjudication  
must produce results that have credibility and legitimacy among Member governments and their 
stakeholders.  We support a system that delivers quality, consistent, and efficient adjudication 
through the fair application of treaty interpretation according to the terms of the agreements as 
agreed by Members, while leaving to Members to further develop their commitm ents and rules 
through negotiation.  
15.  SAFEGUARDING THE INTEGRITY OF THE DISPUTE SETTLEMENT SYSTEM:  WTO dispute 
settlement departed over time from the system envisioned and agreed to by Members in the DSU.  
We support a system that provides opportunities for m eaningful assessment of all participants in the 
system and mechanisms for ongoing improvement to ensure the system continues to deliver for 
Members.  
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