./.WORLD TRADE
ORGANIZATIONWT/DSB(99)/ST/1
3 March 1999
(99-0795)
Dispute Settlement Body
17 February 1999Original:  French
STATEMENT BY H.E. MR. K. MORJANE (TUNISIA)
Chairman of the Dispute Settlement Body
Dear colleagues, ladies and gentlemen, it will certainly be difficult for me to reply to all the
kind words – perhaps slightly embroidered by friendship – which you have said about me and, for
which I thank you most sincerely.  As my term at  the head of the Dispute Settlement Body (DSB) is
coming to an end, I should like, with your permission, to take a few additional minutes to express my
profound gratitude to all the Members of the WTO, those who are here and those who are not, for
having honoured me with this weighty responsibility.  I consider the confidence you placed in me to
have been accorded primarily to my country, in r ecognition of the spirit of moderation, tolerance and
openness so characteristic of Tunisia, its politics and its many-sided history since the days ofCarthage.
My sincere thanks also go to the WTO Secretariat for its competent, but above all neutral,
support throughout my term of office, and for its consistent spirit of cooperation, without which no
chairman can properly discharge his duties.
You will agree with me that my chairmanship has not been without incident.  In particular,
there have been the disputes brought before our body this year.  But you will also agree that the
experience has been interesting and rewarding in seve ral respects.  Not only was I able to serve the
WTO and its Members, but also to realize that the dispute settlement system, besides being important,
is remarkably solid as well.
Is it a perfect system for all that?  Probably not since, like any man-made structure, it must be
judged by how it stands up to real-life situations.  Future realities are likely to be even more difficult.
A pragmatic approach has contributed to the quasi-judicial nature of the system;  naturally,
therefore, only practical experience can reveal its ambiguities, inadequacies and imperfections.  Thisis where, in my view, the review of the Dispute Settlement Understanding decided by the Ministers,
which we initiated last year, and which is to be carried through to its conclusion, takes on its full
significance and importance.
Chairmanship of the DSB is far from being an easy job.  It requires the virtuoso skills of an
acrobat and a tightrope walker, not only because of the inherent risk factor but also because the
Chairman of the DSB must in fact be himself and not favour the interests or policies of his country.
He must listen to everybody's advice and ultimately come to a decision by himself.  He must
meticulously anticipate all possible scenarios and expect the unexpected at all times.  In the final
analysis, he must, I think, be guided solely by his conscience, which alone can guarantee hisimpartiality and neutrality, while always bearing in mind that the World Trade Organization is in
practice directed by its Members.
During the course of this past year, I have frequently thought about something that was
written by Abu-Al Fadhl Al  Dimashqui, a cultured merchant who lived around the 10
th century andWT/DSB(99)/ST/1
Page 2
left a very interesting manuscript entitled "In Praise of Trade", in which he said "a good merchant's
dealings with others must be guided as much by prejudices as by goodwill.  His prejudices are his
capital and his goodwill helps him to calculate risks, so that his hopes are balanced by his fears".
Although I do not, obviously, claim to be a good merchant, this advice has served me well in
my work as DSB Chairman.  I do not think that the author could have imagined that 10 centuries ago.
Let me say in conclusion that I am convinced that the success of the dispute settlement system
depends not only on the coexistence of a good, or indeed excellent, legal text and an efficient Dispute
Settlement Body, but above all on "litigants" believing that the system is an ally, not a foe, and on a
certain culture of international justice.  Only in this way can trade and the law continue to be
complementary and mutually supportive for the preservation of peace in the world.
Once again I thank you for your friendship and support and I wish my successor,
Ambassador Akao, every success.
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