Procedures for the settlement of disputes concerning phytosanitary measures

The situation regarding the resolution of phytosanitary disputes has changed considerably with the introduction of the World Trade Organization (WTO) Agreement on SPS Measures and the approval of the 1997 revised IPPC by the 29th FAO Conference. In understanding the issues involved in dispute settlement, it is helpful to consider: a general outline of dispute resolution procedures; the problems inherent in the mechanics of dispute settlement and the technicalities of phytosanitary measures in resolving phytosanitary disputes; the current means of resolving phytosanitary disputes, including the use of consultation and a committee of experts, as described in the 1997 revised IPPC, and the dispute settlement body of the WTO; the ways of dealing with the problems, including consideration of the level and nature of the dispute, the international character of such disputes, the nature of the decision (recommendatory or binding), the organization of the resolution system and the systems available. It is suggested that the Interim Commission on Phytosanitary Measures could take a role in this area, with a committee on dispute resolution that considered dispute resolution procedures, to aid parties in dealing with the difficulties involved in the resolution of phytosanitary disputes.