Frustration through futility : least developed countries and the WTO’s settlement of disputes
The lack of participation and engagement by Least Developed Countries (LDCs) in the World Trade Organization (WTO) in general, and in their use of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) in particular, has been a continuing problem facing the WTO, taintin...
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Published in | International review of law Vol. 2016; no. 3 (s); pp. 1 - 24 |
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Main Author | |
Format | Journal Article |
Language | English Arabic |
Published |
الدوحة، قطر
جامعة قطر، كلية القانون (سابقا) / جامعة قطر، دار نشر جامعة قطر (حاليا)
01.09.2016
Qatar University Press |
Subjects | |
Online Access | Get full text |
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Summary: | The lack of participation and engagement by Least Developed Countries (LDCs) in the World Trade
Organization (WTO) in general, and in their use of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) in particular, has been a continuing problem facing the
WTO, tainting not only the organization as a whole but also the DSU, its crown jewel. This article
considers—from a commercial viewpoint—the many issues and barriers preventing LDCs from using
the DSU, including capacity issues, costs, private sector involvement, and others. The article also
considers specific provisional measures that are widely available and recognised within the
national legal regime; have been adopted internationally by a plethora of divergent judicial, quasijudicial,
and arbitral fora; and are recommended by the WTO—but which are, significantly, missing
from the DSU itself. The paper concludes that the addition of provisional measures to the DSU
toolkit will enhance the effectiveness of the DSU by removing key structural obstacles that have
prevented LDCs from exercising their right to prosecute trade disputes with other WTO members. |
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ISSN: | 2710-2505 2223-859X 2223-859X |
DOI: | 10.5339/irl.2016.iit.1 |