Abstract
In this Essay, I revisit the idea of equipping the WTO DSM with provisional measures. Though the idea of provisional measures is not novel, a limited amount of scholarship has been generated on the topic of provisional measures when compared to other topics in WTO dispute settlement such as retaliation and the reasonable period of time for implementation. Even on the political front, not much deliberation has taken place since Mexico’s proposal for provisional measures during the DSU review negotiations. With the DSU review negotiations having been stalled, it is uncertain as to when any further discussions on the topic of provisional measures would emerge in the near future. Nonetheless, in light of the increasing number of disputes at the WTO—a testimony to the notion that WTO Members repose their faith and confidence in the WTO DSM—it would be ideal to keep alive discussions on the need to continue strengthening and reforming the DSM. In this Essay, I advocate the need to incorporate provisional measures in the WTO DSM. This article aims at justifying the need to incorporate provisional measures at the WTO DSM.
Recommended Citation
Ram, Jayant Raghu
(2014)
"Revisiting the Idea of Provisional Measures in the WTO Dispute Settlement Mechanism,"
Florida Journal of International Law: Vol. 26:
Iss.
1, Article 5.
Available at:
https://scholarship.law.ufl.edu/fjil/vol26/iss1/5