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

Gregory Shaffer

University of California, Irvine School of Law

Date Written: February 22, 2010

Abstract

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

Suggested Citation

Shaffer, Gregory, The Challenges of WTO Law: Strategies for Developing Country Adaptation (February 22, 2010). World Trade Review, July 2006. Available at SSRN: https://ssrn.com/abstract=873938

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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