The World Trade Organisation (WTO) Dispute Settlement Mechanism in Developing Countries
Keywords:
World Trade Organisation, Dispute Settlement Mechanism, dispute settlement understanding, Developing CountriesAbstract
This review on the World Trade Organisation (WTO) Dispute Settlement Mechanism in Developing Countries aims at discussing how WTO dispute settlement works, the prospective benefits and hurdles to effective use of the regime by developing countries, and some potential directions for technical assistance and capacity building, focusing on WTO dispute settlement in particular. The Dispute Settlement Understanding (DSU) in several provisions has made some ways to help the developing and less developed countries access the benefits provided by the DSU. Hence, the operation of the system could be improved from the perspective of developing countries, by reforms that provide more effective remedies for smaller countries and help to defray the cost of WTO litigations and save more time and resources for these countries.
References
Article 11 of Dispute Settlement understanding.
The World Trade Review, July 2006.
Busch, M.L and Reinhardt E. (2003). Developing countries and GATT/WTO Dispute Settlement. Journal of World Trade 37(4), 719-735.
Ibid
In fact complainants have asked for authorization to retaliate in just seven out of the hundreds of cases handled by the WTO
Complainants have retaliated in only three cases as at the time of this writing
Busch, M.L. and Reinhardt E., op cit.@pp.725-732
Hoekman, B.M., and Mavroidis, P.C “WTO Dispute Settlement, Transparency, and surveillance”, World Economy 23(4), (2000) pp. 527-542.
Hudec, R. “A statistical profile of GATT Dispute Settlement cases: 1945-1989”, Minnesota Journal of Global Trade (1993).
Hudec, R.E (2002) “The Adequacy of WTO Dispute Settlement Remedies”, in Hoekman, B., Aaditya, M. and English, P., (eds.), Development, Trade and the WTO, World Bank, Washington DC.
Ibid
World Bank (2003)
Busch and Reinhardt 2003
Both groups win about 60% of the time, with only a little variation from that figure depending on how you define the “develop” categories.
Shaffer, G. and Mosoti V. (2002) “EC Sardines: A new model for collaboration in Dispute Settlement” Bridges 6(7) October, pp: 15-22
WTO Agreement, Preamble, Second paragraph
Doha Ministerial Declaration, 14 November, 2001, WT/MIN (01)/DEC/1 Paris, 2&3
Para. 121. Of the Decision, WT/MIN(01)/EC/17
Part IV was not part of the original GATT 1947 but was added in 1965
BISD 265/203
See also the Uruguay Round Understanding on the Balance of payments provisions of GATT 1994
Article 27.2 and Annex VII of the SCM Agreement.
Article 9.3 of the safeguards agreement
United Nations Conference on Trade and Development: Dispute Settlement – WTO overview, New York and Geneva 2003 UNCTAD/EDM(Misc.232/Add.//
Article 15.2 of the Agreement on Agriculture
Article 15, first sentence, of the Anti-Dumping Agreements, see also paras. 7.1 to 7.4 of the Doha Decision on Implementation Issues, WT/MIN(01)/DEC/17.
Article 15, second sentenced, of the Anti-Dumping Agreement.
Article 9.1 of the safeguards Agreement. (However, if the import of all developing country members with less than three percent import share collectively account for more than nine percent of the total imports of the product concerned, safeguard measures may be applied).
Articles 27.10 of the SCM Agreement. However, if imports from developing country members whose individual share of total imports represents less than four percent collectively account for more than nine percent of the total imports of the like product in the importing member than the countervailing duty investigation must not be terminated.
Figure projected WTO secretariat fact sheet on technical cooperation, 28, March 2002 (www.wto.org)
Ibid
Ibid
Ibid: In 2001 the number of government officials participating in these training seminars was only 116.
The WTO secretariat provides governments with computer and other hardware, software and the training required for the operation of these Reference centres.
See WTO secretariat fact sheet on technical cooperation, 28th March 2002 (@www.wto.org.)
Article 27.2 of the SCM Agreement
Article 15.2 of the Agreement on Agriculture
Article 66.1 of the TRISPS Agreement. However the MFN treatment obligation and the National treatment obligation do apply.
Article 27.3 of the SCM Agreement.
