Protecting Trade and National Interests through Strategic Dispute Resolution: An Evaluation of Qatar’s Legal Response to the Blockade

This chapter examines the utility of third-party dispute resolution in times of trade restrictions. At the same time, the chapter explores the challenges associated with legal means of dispute resolution such as litigation, especially the challenge of effectively balancing and protecting national trade and security interests in international dispute resolution in times of trade restrictions. The limitations of third-party dispute resolution are explored through the case study of the blockade of Qatar. The Quartet States and Qatar were successful is ending the blockade by way of the Al-Ula Declaration. However, prior to this resolution, Qatar had undertaken various legal proceedings to establish the illegality of the blockade and/or concomitant violations of international law. Such proceedings were initiated at the domestic and international levels and provided strategic value in resolving the blockade. This chapter evaluates lessons from Qatar's use of third-party dispute resolution as a strategy for addressing the blockade and minimising its sustainable development impact. This chapter discusses the nature, scope and value of third-party dispute resolution as a strategy for addressing trade restrictions, especially from the perspective of the targeted State. Thereafter, we examine the limitations of third-party dispute resolution as a strategy for addressing trade restrictions and minimising its sustainable development impacts. These include the limited jurisdiction under international law arising from the consent-based nature of jurisdiction; the lack of unified enforcement mechanism poses a threat to the neutrality of legal means of dispute resolution; and the controls exercised over the decision-makers or constrained independence under international law. Lastly, we discuss essential reforms for addressing the challenges that arise in legal means of dispute resolution in times of trade restrictions.