The World Trade Organization Dispute Settlement: An Analysis of Developing Countries’ Perspectives

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Abstract:

Formed in January I, 1995, WTO Dispute Settlement System was billed to be the panacea to trade disputes within the existing multilateral trading system. Seen as a beacon of stability and predictability, it marked a new watershed in the search for equity within the global economy. However, in spite of the hope it espoused, serious impediments appear to bedevil the system in so far as its developing country members are concerned. Instead of living up to its stated mission of promotion of investment, fair trade and development; the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) has been crafted in a manner inimical to the interests of the Developing and the Least-Developed Countries, which group forms a key constituency within its ranks. This study seeks to examine the rules of the DSU text as well as the practice of Dispute Settlement Body (DSB) as a legal regime to see whether it auspices circumstances that inhibit the development of this Group's trade policy infrastructure, as well as their accession and full participation in the multilateral trading system. This study argues that the focus should be on a complete overhaul and transformation of the Dispute Settlement Body (DSB) into a WTO Trade Court. To this end, a review of the entire legal mechanism is long overdue. It is further argued herein that the rules as they stand currently render it practically impossible for the developing countries to make full use of the system.

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The World Trade Organization Dispute Settlement: An Analysis of Developing Countries’ Perspectives

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