Trade Restrictions and the WTO Dispute Settlement System

This chapter explores the important roles of the WTO Dispute Settlement System in advancing trade objectives in times of trade restrictions. Drawing lessons from the Qatar Blockade and the legal, policy and economic factors that shaped the claims filed by the disputing nations before the WTO, the chapter demonstrates how the complex competing interests of neutral and blockading countries often weaken the neutrality, functionality, and effectiveness of dispute resolution systems of trade bodies in times of blockade. One of the major tools deployed by Qatar in the aftermath of the blockade is its strategic litigation before the WTO, which yielded favourable results politically. By categorically analysing Qatar's WTO disputes arising from the blockade against it, the chapter intends to highlight the importance of dispute settlement mechanisms in advancing sustainable development in times of trade restrictions. The chapter tracks the use of the existing framework in different litigation strategies adopted by Qatar, and critically evaluates the effectiveness of the WTO dispute settlement mechanism in resolving such politically sensitive disputes. By providing a detailed insight on the Saudi Arabia – IPRs, along with the preceding set of disputes, the chapter demonstrates how the complex competing interests of neutral and blockading countries often weaken the neutrality, functionality, and effectiveness of dispute resolution systems of trade bodies in times of blockade. It further examines legal and institutional challenges of the WTO DSM that are highlighted in this dispute. Finally, it concludes with recommendations for WTO members in relation to the Appellate Body crisis, the political nature of the DSB, and the role of public-private partnerships as well as stakeholder engagement to enrich the neutrality and effectiveness of the WTO DSM on one hand and inform prospective litigating parties of key strategies on the other.