The non-violation
complaint is an extraordinary remedy in the legal framework of the World Trade
Organization (WTO). It has recently attracted much attention from WTO Members
and scholars because of the proposal by the United States to use it for
resolving disputes involving national security matters. This proposal has
commonly been understood as an important element of the United States’ overall position
in the ongoing WTO dispute settlement reform discussions. This article
discusses how the academic legacy of Dr Frieder Roessler can be used to assess
the nonviolation complaint in this context, and how it points to one possible
exit from the dispute settlement crisis.