Improving WTO Dispute Settlement Rules: Lessons from the Korea–China Garlic Dispute

Kiyoun Sohn and Se‐Young Ahn

Review of Development Economics, 2010, vol. 14, issue 3, 405-416

Abstract: We analyze the garlic dispute between Korea and China with the aim of exploring the improved WTO dispute settlement rules that could apply to disputes where WTO accession applying developing countries are involved in. After examining the background of the dispute, we analyze it from both the negotiation and WTO rules aspect. Then, we suggest policy recommendations, taking into account existing rules' limitations in dealing with disputes between a WTO Member and an accession applicant developing country. The recommendations are the introduction of the transitory dispute settlement rules covering disputes with accession applicants and the application of certain negotiation principles such as the standstill principle.

Date: 2010
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