CPTPP and WTO DSMs: Scope for Institutional and Procedural Reforms

ABSTRACT

The CPTPP aims to achieve deep economic integration through substantive regulations. However, it falls short due to its de-institutionalized inter-state DSM and its dependence on the WTO DSM, which following the AB crisis is currently impaired. The question is whether structural and procedural revisions are needed within the CPTPP and WTO DSMs to effectively resolve current and future disputes. To answer this, the article conducts a comparative analysis of the two DSMs. It emphasizes the importance of aligning the WTO DSM with transformational deep agreements and establishing multilateral pillars for dispute settlement that recognize the ambitions of modern trade agreements.

KEYWORDS:

• Appellate Body
• CPTPP
• dispute settlement
• procedural reform
• structural reform
• WTO

Disclosure statement

No potential conflict of interest was reported by the author(s).