Fourth, find a way to deal with a government that implements protection in a non-transparent way, such as Japan's system of administrative guidance. The burden should not be on the aggrieved party to ferret out invisible and deliberately hidden measures that keep a market closed. We are going to face this problem with China, in spades. Enable panels to address privatization of protection. With so many border measures successfully removed, nations are finding other means of protection.
Japan is the champion violator here.
We can't get at Japan's barriers through traditional means. Their steel cartel is a good example. The United States was the prime mover in establishing the WTO's dispute settlement process. We should be the prime mover in making sure that it works right.