BEYOND DIPLOMACY AND LEGALISM 1 BEYOND NOTIONS OF DIPLOMACY AND LEGALISM: BUILDING A JUST MECHANISM FOR WTO DISPUTE RESOLUTION By Lawrence D. Roberts 40 American Business Law Journal 511 (Spring 2003) EXECUTIVE SUMMARY As with many other aspects of the GATT regime, the process by which disputes among the Contracting Parties to the GATT are resolved has changed markedly as the demands on the GATT have grown. Early procedures relied heavily on negotiation among states. Over time, those parties seeking legalistic mechanisms as a means of enhancing effectiveness have challenged the diplomatic approach. To a great extent, the implementation of legalist principles has had a salutary effect on the regime. Dispute resolution procedures have become more formal, independent and benefit from increased legitimacy. Even so, the ever-increasing demands of international trade on the system have made dispute resolution a continuing challenge for the international community. The process remains bedeviled by delays, problematic enforcement of decisions, and unbalanced access to the process that undermines legitimacy and inadequate promotion of GATT policy objectives. This article will examine the problems that currently hinder adjudication procedures and the prospect for improving the dispute resolution process through a number of structural changes including further emphasis on formal procedures and stringent enforcement mechanisms that establish incentives designed to conform national interests more closely with the needs of the international community as a whole.