WTO Dispute Settlement System and Implementation of Decisions: a Developing Country Perspective

WTO Dispute Settlement System and Implementation of Decisions : a Developing Country Perspective

A Study on the WTO 's Dispute Settlement System and Decision making Process From the Prospective of Developing Countries

An Assessment of the Treatment of Developing Countries under the WTO 's Dispute Settlement System and What Measures Can be Taken to Improve the Current WTO Dispute Settlement System so as to Facilitate the Needs and Disadvantages of Developing Countries

A Research Project Submitted to the

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Acknowledgements

The author would like to acknowledge and thank the efforts of the university library staff in their tireless patience and assistance with helping the author locate journals , books and various relevant sources The author 's supervisor is also appreciated for the valuable advice and guidance throughout the research process and the planning and organization of this dissertation

Abstract

This dissertation explores the specific mechanics of the World Trade Organization 's (WTO ) dispute settlement regime with specific emphasis on its functions and process during its first decade of operation . The primary focus of this dissertation is the exploration of the experience of developing nations under the WTO 's dispute settlement system . This experience is examined by focusing on the participation of developing nations in the WTO dispute settlement regime , the results of those participations

These experiences will be examined in the context of the WTO 's trade policies , aims and objectives together with the WTO 's trade policy concerns particularly in relation to developing nations . Having assessed these areas of the WTO 's dispute settlement regime , this dissertation will endeavour to make recommendations with a view to improving the dispute settlement regime in a manner beneficial to development nations

Table of Contents

Abstract .3

Introduction .5

Statement of the Problem .7

Research Questions and Sub-Questions .7

Significance of the Study .8

Research Methodology and Design /Design .9

Methodology .10

Organization of the Study .10

Chapter 1 /The Development of the Treatment afforded Developing Countries Under the Auspices of the GATT 's Dispute Resolution Scheme /Introduction .12

The Treatment of developing countries under GATT 's Dispute Settlement

Regime .13

A Critical Evaluation of the Treatment of Developing Nations under the GATT 's

Dispute Settlement System .18

Chapter 2 /Differential Treatment to Developing Countries Under the WTO Dispute

Settlement System .22

Existence and Affirmation of Differential Treatment .24

Critical Evaluation of the WTO DSM From the Perspective of Developing

Countries .28

Chapter 3 /Issues Arising Our of the Implementation of WTO Dispute Settlement Findings for

Developing Countries /Introduction .30

General remarks with respect to the dispute settlement system concerning

Implementation from the viewpoint of developing countries .31

Shortcomings of the existing system of implementation .32

Chapter 4 /Proposals for Reform of the WTO Dispute Settlement System .34

Proposals for Access to the Dispute Settlement Mechanism .34

Proposed Procedural Improvements .35

Proposals regarding the issue of the implementation of WTO dispute settlement

Findings .36

Chapter 5 /Conclusion .37...