WTO Dispute Settlement Understanding and Development
This book examines the effectiveness of the WTO DSU in pursuing the developmental objectives of the WTO. Unregulated globalisation enabled developed countries to benefit more from the process. International trade theories emphasise on welfare enhancement and influenced the development of international trade cooperation. However, its development during the colonial era emphasised on protection of colonial interests. The WTO was meant to emphasise on a strengthened dispute settlement mechanism to support its diverse membership. It has failed to achieve this due to weak mechanisms for promoting developing country participation. The DSU review based on the draft negotiating proposal from the DSB reflects the on-going weakness of the DSU in pursuing developed country interests whilst ignoring major problems faced by developing countries in using the DSU. Five major issues in relation to the DSU are identified in this investigation. However, the Chairman s text in no way addresses any of these.
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According amicus curiae Annex authors beneﬁts binding outcomes Borght Chairman's text Complainant compliance consultations Cont decision devel developed Members developing coun developing country Members developmental difﬁcult Dispute Settlement System Doha Doha Declaration effective enhanced Expired No longer export ﬁnancial ﬁnd ﬁrst further GATT global globalisation Hence Honduras Ibid implementation important inﬂuence international trade interpretation issue journal of World LDCs liberalisation Malaysia market access Marrakesh Agreement measures ment modalities multilateral negotiations notiﬁcation objectives obligations oping countries panel policies problems procedures proposed amendment proposed paragraph Provision S&D Type reﬂected regard request result retaliation rules S&D provisions S&D Type Status seeks Shrimp speciﬁc submitted sufﬁcient supra note supra note 174 supra note 649 tariff third party participation timeframe tion trading system Type Status Comment Type Status Comments World Bank World Trade Organisation WTO Agreement WTO Dispute Settlement WTO Doc WTO DSU