WTO Dispute Settlement Understanding and Development

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Martinus Nijhoff Publishers, Jan 1, 2013 - Law - 343 pages
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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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Contents

Introduction
1
1 Globalisation
3
The Multilateral System Theories Qualifications History and Objectives
19
3 The Uruguay Round Agreements
55
4 Dispute Settlement in the GATT 1947 and the WTO
95
5 DSU Review
125
6 Conclusion
239
Appendix 1
247
Appendix 2
323
Bibliography
325
Index
341
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About the author (2013)

Mervyn Martin, LLD (2011), Vrije Universiteit Brussel, is a Senior Lecturer in Law at Teesside University. He has published many articles on international economic law and has a special interest in the developmental dimension of international trade.

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