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Developing Country Use of the WTO Dispute Settlement System: Why it Matters, the Barriers Posed

TRADE DISPUTES AND THE DISPUTE SETTLEMENT UNDERSTANDING OF THE WTO: AN INTERDISCIPLINARY ASSESSMENT, James Hartigan, ed., Elsevier, Frontiers of Economics and Globalization Series, Chapter 7, 2009

Minnesota Legal Studies Research Paper No. 08-50

25 Pages Posted: 26 Dec 2008  

Gregory Shaffer

University of California, Irvine School of Law

Date Written: December 23, 2008

Abstract

This chapter examines the barriers posed for smaller and poorer World Trade Organization (WTO) members to challenge trade barriers under the WTO's dispute settlement understanding. It first addresses the implications of the judicialization of the WTO's dispute settlement system. It next examines reasons why participation in the WTO's dispute settlement system matters. It then summarizes the results of studies of the system's use and, in light of these findings, posits explanations for smaller developing countries' lack of engagement.

Keywords: WTO dispute settlement, developing countries, legal capacity, judicialization, implementation periods, aggregate stakes, participation, systemic effects, terms of trade, bargaining, legal shadow, litigation, enforcement, balance of power, legal consciousness, institutional bias, rule of law

JEL Classification: F13, F14, F53

Suggested Citation

Shaffer, Gregory, Developing Country Use of the WTO Dispute Settlement System: Why it Matters, the Barriers Posed (December 23, 2008). Minnesota Legal Studies Research Paper No. 08-50; Minnesota Legal Studies Research Paper No. 08-50. Available at SSRN: https://ssrn.com/abstract=1320222

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

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