This is from a U.S. statement to the DSB at the July 22 meeting:
With respect to the open meetings and hearings that have taken place, the experience has been entirely successful. The United States is not aware of any incidents of improper behavior by observing members of the public, and the presence of public observers does not appear to have affected the professionalism with which parties, third parties, and adjudicators traditionally conducted themselves. While this observation normally occurs via transmission to a viewing room, this has been true even in instances in which the public has been allowed to observe from the same room in which the meeting was taking place. Nor has the passive observation of meetings by members of the public interfered with the intergovernmental nature of the WTO, the government-to-government nature of dispute settlement, or the ability of parties to settle a dispute through the negotiation of a mutually agreed solution.
Attendance at open panel meetings has varied, but one would expect this given that not all disputes will be of equal interest or of interest to the same persons. Moreover, the important point is that the benefits from having open meetings arise regardless of actual attendance. This is because the mere possibility of attending a meeting helps to ensure confidence in the system and that the system has nothing to hide.
In short, any concerns expressed with regard to open meetings have not come to pass. Instead, open meetings have served to promote transparency and confidence in the WTO dispute settlement system, increase familiarity with the objective, professional manner in which hearings are conducted, and consequently provide potential benefits for the implementation of any resulting recommendations by the Dispute Settlement Body.
