  
  
JOB/DSB/3  
 
18 April 2019  
(19-2582) Page: 1/1 
  Original: English  
 
TOWARDS THE PROPER F UNCTIONING OF THE DI SPUTE SETTLEMENT MEC HANISM  
COMMUNICATION FROM J APAN  
The following communication, dated 17 April 2019, is being circulated at the request of the 
Delegation of Japan.  
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Japan  share s the concerns of many WTO Members concerning the importance of an effectively 
functioning WTO dispute settlement system , which is to secure a positive solution to a dispute .1 
Japan is  particularly concerned that, under the current dispute settlement mechan ism, should the 
Appellate Body fail to make findings necessary to assist the DSB in making the recommendations or 
in giving the rulings provided for the covered agreements2 in a particular dispute, the dispute would 
be left unresolved and, as a result, the  dispute settlement system would fail to fulfil its function to 
secure a positive solution to that dispute. Such consequence is wholly unsatisfactory and 
unacceptable to any WTO Members.  
Japan emphasizes  "[r]ecommendations and rulings made by the DSB shall  be aimed at achieving a 
satisfactory settlement of" the dispute .3 Japan  urges Members to further discuss this matter in the 
Dispute Settlement Body.  
Japan is also prepared to raise other issues with regard to the proper functioning of the dispute 
settleme nt mechanism in due course.  
 
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1 DSU Article 3.7.  
2 DSU Article 11.  
3 DSU Article 3.4.  