World Trade Organization Dispute Settlement and Developing Countries

Increase trading activities among countries require effective mechanism for settlement of trade disputes among countries. The WTO provides for a Dispute Settlement Mechanism (DSM) which is primarily based on the use of threat or retaliation as tools to ensure compliance. The limitations in the DSM limit its use by Developing Countries. These limiting features are in the areas of remedies and enforcement mechanisms, third party rights and intervention, and non-participation by private parties. Deficiencies in remedies and enforcement mechanisms limit developing countries from enforcing compliance with WTO rules. Third party intervention and rights in the dispute settlement process are severely limited. Excluding private participation from the process opens the system to political interferences that play to the disadvantage of developing countries. It is argued that to ensure equal participation in the DSM calls for strengthening the present DSM under the WTO to more judicial oriented DSM. This book is to provide some analysis of the DSM under the WTO from the perspective of Developing Countries. This analysis should be useful to students of trade law, academic and practitioners.