Peru and the WTO understanding on dispute settlement: a qualitative analysis of its strategies, limitations and lessons learned

Duran Echevarria Y.; Zavalaga Chumbes K.A.; Muñoz Vargas K.A.; Araujo Morales J.G.; Licas Landa E.R.; Ortiz Rodriguez B.E.; Moscoso Cuaresma J.R. · Cogent Social Sciences (2026) · DOI: 10.1080/23311886.2026.2637250

Resumen

Since its establishment in 1995, the WTO Dispute Settlement Understanding (DSU) has operated as the core enforcement mechanism of the multilateral trading regime, providing a binding, rules-based forum for adjudicating trade disputes. Yet its procedural architecture exhibits structural asymmetries that affect the capacity of developing countries to litigate effectively. This study conducts a doctrinal and documentary analysis of Peru’s participation in DSU proceedings from 2003 to 2025, covering 31 disputes as complainant, respondent or third party. It identifies the main sectors implicated, the litigation strategies used, and the institutional and systemic variables shaping Peru’s performance. The findings show a largely defensive posture, constrained by high legal costs, limited institutional continuity and dependence on external counsel. Although technical capacity within MINCETUR has improved, systemic inequalities persist, including the paralysis of the Appellate Body. The study concludes with recommendations to strengthen Peru’s litigation capacity and support DSU reform.

Instituciones: Universidad Peruana de Ciencias Aplicadas