Australia and WTO dispute settlement

Overview

Australia's profile as a trading nation means that it has strong interest in ensuring that the international trading regime of the WTO is open, equitable and enforceable. The WTO's dispute settlement system, which came into being in 1995, is central to that goal. It is one of the cornerstones of the WTO, and gives member countries confidence that the commitments and obligations contained in the WTO agreements will be respected.

There have been over 360 disputes initiated in the WTO since 1995 (although many have not proceeded past the consultations stage) and an important body of international law has developed as a result. The system provides a binding and enforceable mechanism through which member countries can enforce their trade rights.

How can the WTO help Australian businesses and exporters?

Australian exporters or companies who consider their competitive position is affected by the trade-restrictive actions of WTO member governments are encouraged to advise the Department using the WTO disputes enquiry point. When submitting enquiries, firms/companies (or their nominated legal representative) are required to provide details of the problem and the adverse impact on exports or imports. The Department’s WTO Trade Law Branch will (i) examine the details of the case (ii) determine the nature of the barrier and in particular whether or not it could be a breach of WTO rules and (iii) develop possible options for action.

Such options could include bilateral discussions with the government of the trading partner in question aimed at settling the matter. This approach is often a more efficient and cost-effective way to settle disputes than going to full-blown formal WTO proceedings. Australia's right to take formal dispute action in the WTO creates valuable leverage which can assist in moving disputes toward a resolution.

In cases where there are clear issues of inconsistency with WTO rules and where bilateral consultations have not been successful, there is the option of initiating a formal WTO complaint under WTO dispute procedures. The Minister for Trade would take the final decision on initiating dispute settlement action. When a panel is established, the WTO provides for set timeframes for the completion of the process - see dispute settlement process chart (pdf) which shows the timeframes for dealing with disputes in the WTO.

WTO published documents

General information on dispute settlement activities in the WTO can be found on the WTO website, with documentation related to individual cases available through the WTO's On-line documents database (search for documents on a given case using the serial number of the case, e.g. WT/DS178, as the "document symbol"). The WTO Secretariat also provides an updated summary of cases in Overview of the state-of-play of WTO disputes. Type WT/DS/OV as the document symbol in the On-line documents database for the latest overview.

Australia's involvement in WTO Disputes

Since 1995 Australia has been involved a number of disputes as a complainant, a respondent and as a third party and results achieved to date have delivered real economic benefits to Australia. For example, Australia mounted successful challenges to Korean and United States meat import restrictions which have ensured significant benefits for Australian farmers and the Australian economy more widely.

An overview of Australia's involvement in the WTO dispute settlement system and information on recent developments:

Australia's involvement with WTO Disputes

Review of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)

Negotiations on the review of the Dispute Settlement Understanding (DSU), which are not part of the single Doha Round undertaking, are continuing. A wide range of proposals have been put forward, but progress towards consensus has been slow. This may reflect the fact that most WTO Members consider the WTO dispute system is working well.

More information?

The WTO Trade Law Branch is happy to consider requests to address business, community and educational groups with an interest in the WTO, including the dispute settlement system.

If you would like a representative of the Branch to address your group, please contact the Branch on telephone 02 6261 1890, fax 02 6273 1527 or by e-mail to wto.disputes@dfat.gov.au. In forwarding your request, please provide information on:

the membership and purpose of your group or organisation;
the nature of the event at which the presentation is to be made (including any likely other speakers);
a general indication of the issues of interest to the audience.

Resolving Export Access Problems through the WTO System

If you are intending to export or exporting to one or more of the other 150 markets that belong to the World Trade Organization, or are experiencing access problems to those markets, the WTO Trade Law Branch of the Department of Foreign Affairs and Trade may be able to assist in developing options for resolution of your access problems. Access problems could include arbitrary or discriminatory tariffs, quotas, internal tax rates or product standards and subsidies that act as export incentives. Exporters can contact WTO legal specialists in the Department on the following numbers:

e-mail: wto.disputes@dfat.gov.au
Fax: +61 (0)2 6273 1527
Telephone: +61 (0)2 6261 2617 or +61 (0)2 6261 1890

In submitting enquiries, firms/companies (or their nominated legal representative) are required to provide details of the problem and the adverse impact on exports or imports. When the enquiry is received, the WTO Trade Law Branch will (i) examine the details of the case (ii) determine the nature of the barrier and in particular whether or not it could be a breach of WTO rules and (iii) develop possible options for action.