The Proposed Horizontal Mechanism: An Evaluation in Light of Existing Procedures under the Dispute Settlement Understanding

Abstract

In 2006, the so-called NAMA 11 submitted a proposal for the “Resolution of Non- Tariff Barriers (NTBs) through a Facilitative Mechanism” [popularly known as Horizontal Mechanism] within the WTO, which shall be detached from the formal resolution mechanism under the Understanding on Rules and Procedures Governing the Settlement of Disputes [DSU]. This Note provides a brief overview of the scope and procedures of the proposed Horizontal Mechanism. Then, it evaluates the merits of the proposed Horizontal Mechanism vis-à-vis the existing formal resolution mechanisms under the DSU. As the proposal emanated from a group of developing countries, special consideration has been given to their interests while evaluating the feasibility of the proposed new system.