In the June 2003 issue of this Journal, Natalie McNelis argued that when a World Trade Organization (WTO) dispute is settled by a Dispute Settlement Body (DSB) report, even Members who are not parties to the dispute have an obligation to conform their behaviour to legal principles laid down in the report. 1 Although I am generally sympathetic to McNeis's conclusion-and although I think she does a great service by directing our attention to the question of how Members, as opposed to later tribunals, should respond to DSB reports-I think her argument cannot stand as she presents it. After explaining my dissatisfaction with her argument, I shall offer an alternative argument that is more grounded in the texts of the WVTO agreements. Along the way I shall also suggest that we can make McNelis's conclusion somewhat more palatable to doubters by a more nuanced statement than she provides ofjust what is the obligation of non-party Members (hereafter simply "non-parties").
Regan, Donald H. "Do World Trade Organization Dispute Settlement Reports Affect the Obligations of Non-Parties? -- Response to McNelis." J. World Trade 37, no. 5 (2003): 883-96.