Introduction
The answer to whether a member of the WTO (World Trade Organization) is forced to appear before a Panel is not unambiguous. In general, any member of the Organization is not forced to present oneself before a Panel. However, in cases where they violate the Rules of the World Trade Organization (WTO), the Panel has the power to take action against violators, including forcing them to present themselves before it.
Main Body
Members must provide the WTO with information and documents and accept the WTO’s proposals on their enforcement. Thus, WTO members may be called upon to represent before the Panel, but this is not a requirement. The WTO is a multilateral organization with over 160 member countries. The WTO provides members with an objection and complaint procedure based on the principles of the international trading system. The submission procedure includes the submission of objections by WTO Members to each other and requesting a report from the panel.
All WTO members, following WTO Rules, must comply with the principles of openness, transparency, and discriminatory neutrality about international trade. Violating these principles may result in compelling WTO members to appear before the WTO Commission to take action against them. Members of the WTO may submit their complaints or objections to the Panel if they believe that another member is violating the principles of the international trading system.
Members of the WTO may be compelled to present themselves before the WTO Panel if required by the application of WTO rules. For example, if one country believes another is violating WTO rules, it can file a complaint against that country with the WTO Commission. The Panel will take steps to consider the complaint and, if necessary, compel the violator to present himself before it.
Conclusion
Thus, forcing WTO members to present themselves before the WTO Panel is one way to preserve and enforce the rules and principles of the WTO and enforce them. Although WTO members are not required to submit before the Panel, the WTO may be called upon to offer, if necessary, to comply with the rules of the international trading system. This provides sufficient protection for WTO members and allows all WTO member countries to enjoy the benefits of international trade.
Bibliography
Galbraith, J, ‘United States continues to block new appellate body members for the world trade organization, risking the collapse of the appellate process.’ The American Journal of International Law 113.4 [2019] P 822-831.
Herbert, E. B, ‘The role of world trade organisation in international trade and investment.’ Nnamdi Azikiwe University Journal of International Law and Jurisprudence 11.1 [2020] P 47-55.
Hoekman, B, ‘Trade wars and the World Trade Organization: causes, consequences, and change.’ Asian economic policy review 15.1 [2020] P 98-114.
Palmeter, D., Mavroidis, P. C., and Meagher, N, Dispute Settlement in the World Trade Organization. Cambridge University Press [2022].
Wagner, M, ‘Panel: Dispute Settlement System of the World Trade Organization (WTO)’ [2020].