The Challenges of WTO Law: Strategies for Developing Country Adaptation
World Trade Review, July 2006
20 Pages Posted: 10 Jan 2006 Last revised: 23 Feb 2010
Date Written: February 22, 2010
Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges as constraints of law, money and politics. This article explores various strategies for responding to these challenges, none of which involves a modification of the rules of the WTO's Dispute Settlement Understanding.
Keywords: WTO, developing countries, international trade law, bias, expertise, legal capacity
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