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Frieder Roessler's Contributions to the WTO Legal System
Published online by Cambridge University Press: 14 October 2025
Extract
On 11 September 2024, I completed 30 years at the World Trade Organisation (WTO). In fact, the WTO was not formally established until 1 January 1995, a few months after I joined the Secretariat. I was lucky enough to be involved in the ‘Prep Com’, the series of works of the Preparatory Committee to the WTO. During that period, the Legal Affairs Division (LAD) was engaged in more than their main function of assisting GATT Panels. Roessler's contribution during that pivotal transition from the GATT to the WTO played a fundamental role in shaping the current architecture of global trade governance. As will be discussed further as we progress, Roessler designed the transition of the GATT and Tokyo Round Codes, and their continuation as an integral part of the WTO. Roessler's mark on the WTO was thus reflected in many areas. Before discussing the amazing architecture of this transition from GATT to WTO, I would like to add a few words on one of Roessler's most enduring contributions to the WTO – his contribution to the dispute settlement mechanism. Frieder's role in the very foundation and birth of the GATT dispute settlement system still stands today.
Information
- Type
- Reflective Essay
- Information
- World Trade Review , Volume 24 , Special Issue 3: A Tribute to Frieder Roessler , July 2025 , pp. 334 - 338
- Copyright
- © The Author(s), 2025. Published by Cambridge University Press on behalf of The Secretariat of the World Trade Organization
Footnotes
*
Gabrielle Marceau, PhD is Associate Professor at the University of Geneva and Senior Counsellor in ERSD (Research division) in the WTO Secretariat. All opinions expressed are only those of the author and do not represent the view of WTO Members or the Secretariat. Thank you to Anand Nandakumar, for his assistance.
References
1 Marceau, G. (2015) ‘From the GATT to the WTO: The Expanding Duties of the Legal Affairs Division in Non-Panel Matters’, in Marceau, G. (ed.), A History of Law and Lawyers in the GATT/WTO. Cambridge University Press, 244CrossRefGoogle Scholar.
2 This was one of the most complex legal and institutional challenges that arose during the transition from the GATT to the WTO. The LAD was also consulted by several negotiation groups for advice on legal matters. After the conclusion of the negotiations, a legal drafting group serviced by the LAD was also established tasked with ‘scrubbing’ the text of the agreements from a legal point of view.
3 Roessler, F. (2015) ‘The Role of Law in International Trade Relations and the Establishment of the Legal Affairs Division of the GATT’, in Marceau, G. (ed.), A History of Law and Lawyers in the GATT/WTO. Cambridge University Press, 161Google Scholar.
4 Ibid., 161–162.
5 Ibid., 166.
6 Ibid., 166; Petersmann, E.-U. (2015) ‘The Establishment of a GATT Office of Legal Affairs and the Limits of “Public Reason” in the GATT/WTO Dispute’, in Marceau, G. (ed.), A History of Law and Lawyers in the GATT/WTO. Cambridge University Press, 187Google Scholar.
7 Roessler, supra n. 3, 167.
8 Ibid., 163.
9 See Petersmann, supra n. 6, 188.
10 Roessler, supra n. 3, 167.
11 Marceau, G., Porges, A., and Baker, D.A. (2015) ‘Introduction and Overview’, in Marceau, G. (ed.), A History of Law and Lawyers in the GATT/WTO. Cambridge University Press, 38, n. 146CrossRefGoogle Scholar.
12 Roessler, supra n. 3, 167, n. 6.
13 Marceau, Porges, Baker, supra n. 11, 28.
14 Marceau, G. (1998) ‘Rules on Ethics for the New World Trade Organisation Dispute Settlement Mechanism: The Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes’, Journal of World Trade 32(3), 57, 68–70Google Scholar.
15 Petersmann, supra n. 6, 187, 188
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17 Roessler, supra n. 3, 166, 168.
18 Marceau, Porges, Baker, supra n. 11, 38.
19 Marceau, Baker, supra n. 16, 124.
20 Roessler, supra n. 3, 168.
21 Hudec, R.E. (1998) ‘The Role of the GATT Secretariat in the Evolution of the WTO Dispute Settlement Procedure’, in Bhagwati, J. and Hirsch, M. (eds.), The Uruguay Round and beyond: Essays in Honour of Arthur Dunkel. Springer, 101–2010.1007/978-3-662-10413-2_7CrossRefGoogle Scholar.
22 Steger, D.P. (2015) ‘The Founding of the Appellate Body’, in Marceau, G. (ed.), A History of Law and Lawyers in the GATT/WTO. Cambridge University Press, 452Google Scholar.
23 Porges, A. (2015) ‘The Legal Affairs Division and Law in the GATT and the Uruguay Round’, in Marceau, G. (ed.), A History of Law and Lawyers in the GATT/WTO. Cambridge University Press, 230Google Scholar.
24 Roessler, supra n. 3, 171. According to this proposal, which was later adopted, the GATT 1947 became a component of GATT 1994. However, GATT 1947 and GATT 1994 were to be legally distinct instruments.
25 Marrakesh Agreement Establishing the World Trade Organisation, Article XVI:1; DSU, Article 3.1.
26 Marceau, G. (1995) ‘Transition from GATT to WTO: A Most Pragmatic Operation’, Journal of World Trade 29(4), 147, 149–152CrossRefGoogle Scholar.
27 Ibid., 153.
28 Decision on Transitional Coexistence of the GATT 1947 and the WTO Agreement, adopted on 8 December 1994 (‘the Decision’), para. 3.
29 The relevant excerpt of the Decision reads as follows: ‘Contracting Parties Decide as follows: 1. The contracting parties that are Members of the WTO may, notwithstanding the provisions of the GATT 1947: (a) accord to products originating in or destined for a Member of the WTO the benefits to be accorded to such products solely as a result of concessions, commitments or other obligations assumed under the WTO Agreement without according such benefits to products originating in or destined for a contracting party that has not yet become a Member of the WTO' (emphasis added).
30 The Montreal Rules were a series of improvements to the dispute settlement rules that existed prior to the Mid-Term Review Conference in Montreal, 1988. The Montreal Rules were adopted by a decision of the GATT contracting parties in 1989. See Decision of 12 April 1989 on improvements to the GATT dispute settlement rules and procedures (BISD 36S/61). The dispute settlement rules that existed prior to the Montreal Rules is referred to as ‘pre-Montreal Rules’, which included Articles XXII and XXIII of the GATT 1947 and the ‘Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance’ adopted on 28 November 1979 (Document L/4907).
31 The Decision, supra n. 28, para. 2.
32 Transitional coexistence of the Agreement on Implementation of Article VI of the GATT and the Marrakesh Agreement Establishing the World Trade Organisation; Transitional coexistence of the Agreement on Implementation of Articles VI, XVI, and XXIII of the GATT and the Marrakesh Agreement Establishing the World Trade Organisation.
33 Marceau, supra n. 26, 157–159.
34 Article VI, International Bovine Meat Agreement; Article (1)(c), International Dairy Agreement.
35 ‘Transitional Arrangements: Avoidance of Procedural and Institutional Duplication’, adopted on 8 December 1994, paras. 3 and 4.
36 ‘Participation in Meetings of WTO Bodies by Certain Signatories of the Final Act Eligible to Become Original Members of the WTO’, adopted on 8 December 1994
37 Roessler, supra n. 3, 171. ICITO was established by a resolution at the United Nations Conference on Trade and Employment in Havana, 1947–1948 as a temporary body that would cease to exist on the establishment of the International Trade Organisation (ITO). However, since the US Congress failed to ratify the Havana Charter establishing the ITO, the permanent body was never created.US ratification was not an essential condition of the establishment of the ICITO.
38 Ibid., 161.
39 Roessler, supra n. 3, 161, 162.