NALSAR | International Conference on Crises and Solutions to Dispute Settlement System under WTO [13-14th April 2024]

ABOUT THE CONFERENCE

The Understanding on Rules and Procedures Governing the Settlement of Disputes, also known as Dispute Settlement Understanding (DSU), of the World Trade Organization (WTO) is considered to be very significant for providing foundational framework for resolving trade disputes. The DSU established a standing Appellate Body (AB), introduced an appellate review mechanism, introduced the requirement of negative consensus at few stages of the dispute settlement system (DSS), stricter timelines at different stages of the DSS, etc. However, the DSS of the WTO is currently in the midst of a serious crisis. Despite its achievements, with the US blocking the appointment and reappointment of Appellate Body Members, the AB became a defunct institution.

In 2022, the US initiated and led an informal discussion on DSU reforms. This process has already crossed two stages and some Members like India wanted the third stage to be under the Chair of DSB. But for the sake of expediency and practicality, Members have resorted to the third stage as an informal process only. This stage is focused on substance-based discussions to find practical solutions to the concerns identified by the Members with a view to having a fully and well-functioning DSS accessible to all Members by 2024. This third stage is convened by the representative of Guatemala, Mr. Marco Tulio Molina. The negotiations in this stage have resulted in a consolidated draft text and currently, the sixth revision of the text is being discussed. There is a possibility of reforming the DSU in the upcoming 13th Ministerial Conference to be held at Abu Dhabi from 26-29 February 2024.

At this crucial juncture in the DSU reforms, it is imperative to hold academic discussions on reforming the DSU so this discourse could contribute to DSU 2.0.

This Conference is aimed at bringing a broader discussion on the DSU ranging from the negotiating history of the DSU, problems encountered in the functioning of the DSS till the current reform process.

This Conference is aimed at covering the following themes:

• Negotiating history of the DSU

• Transition of the DSS from GATT era to WTO era

• Problems encountered in the functioning of the DSS in the WTO era

• Past attempts at reforming the DSU

• Appellate Body crisis

• Ongoing informal review process of the DSU started in 2022

  • Informal v formal and multilateral setting for reform process

  • Interest-based negotiation v rights-based negotiation

  • Two tier v Single tier DSS

  • Compulsory v voluntary jurisdiction

  • Strengthening ADR methods for resolving trade disputes

  • Accessibility issues

  • Guidance for adjudicators

  • Accountability

  • Transparency

  • Simplified procedures

  • Panel composition

  • Compliance with DSB recommendations

  • National security exception within the DSU

The topics listed above are suggestive only and not exhaustive.

STRUCTURE OF THE CONFERENCE

• Panel discussion: A panel discussion on the present crises in the DSU where the experts will express their point of view on the proposition and how do they think this situation can be addressed.

• Paper Presentation: The author/s will present their paper through a PowerPoint presentation. Each author will be given 10 minutes to present their paper the remaining 5 minutes will be a question-and-answer and guiding session by the judges. An extension of time can be granted at the judging panels’ discretion.

• Plenary sessions: There will be two plenary sessions devoted to the themes of DSU reforms. Where in the experts will deliver a lecture session which would be followed by questions form the audience.

ABSTRACT AND PAPERS

Submission of abstract

• Abstract must be submitted via e-mail to with the subject: “Abstract Title: [title], and Presenter’s Name”.

• All abstracts must be submitted by 10th March, 2024.

• Presenters will receive a notification of the decision as to whether their abstract have been accepted by 15th March, 2024.

• Co-authorship up to two persons allowed.

Guidelines for abstract

• Length: Maximum 500 words excluding title/cover

• Abstract to have a cover page with title and details of the authors.

• Margins: 1inch

• Font: Times New Roman, 12 points

• Spacing: 1.5

Guidelines for paper submission

• Length: 8000 to 10000 words excluding title/cover, references and footnotes

• Margins: 1inch

• Font: Times New Roman, 12 points

• Spacing: 1.5

• Citation: Bluebook 21st edition.

• Footnoting: Times New Roman, 10 points

Abstract and papers to be send to icdss@nalsar.ac.in

PUBLICATION OUTPUT

Selected papers will be published in form of an edited book.

TIMELINE OF THE CONFERENCE

REGISTRATION FEE

BANK DETAILS

Name: REGISTRAR NALSAR UNIVERSITY OF LAW (JRCITBL)

A/c No.7181339488

Bank: Indian Bank, Shameerpet Branch

IFSC Code: IDIB000S166

CONTACT DETAILS

For quires contact:

• Dr. Kapil Sharma, Assistant Professor of Law, NALSAR

  Mo. 8280030855; Email Id: kapil.sharma@nalsar.ac.in

• Mr. Aditya Tripathi, Research Associate, NALSAR

  Mo. 7060691103; Email Id: aditya.tripathi@nalsar.ac.in

ABOUT JUSTICE B.P. JEEVAN REDDY CENTRE FOR INTERNATIONAL TRADE AND BUSINESS LAWS (JJRCTIBL)

The Centre was established in September 2022 with the aim of becoming a leader in the field of trade law research which is vast and is of immense importance for a fast-growing economy like India. In the modern world, trade law is not just about trade or export-import controls or international payment mechanisms etc. it deals with a multitude of domains like transport, banking, insurance, environment, IPRs, and cyberspace to name a few. Furthermore, in recent times WTO has passed important decisions on what States can do to protect their national security interests. WTO will soon have to confront unilateral measures by members like the EU to address climate change. Consistent with India’s active positions on these matters in other areas of international law, India must continue to engage in these important conversations at the WTO. The Centre is intended to be a leading international trade and investment laws and policy training institution in India which shall prepare young professionals and build the capacity of key stakeholders to effectively interact and negotiate with global, regional, and national institutions and agencies.