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AuthorWelsh, Ronald Cullen Kerr
Available date2018-09-06T08:47:38Z
Publication Date2016-09
Publication NameInternational Review of Lawen_US
Identifierhttp://dx.doi.org/10.5339/irl.2016.iit.1
CitationWelsh RCK. Frustration through futility: Least developed countries and the WTO’s settlement of disputes, International Review of Law 2017.pp1–24
ISSN2223-859X
URIhttp://hdl.handle.net/10576/11021
AbstractThe lack of participation and engagement by Least Developed Countries (LDCs) in the 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 tarnishing the crown jewels of the WTO namely the DSU. This article considers from a commercial viewpoint the many issues and barriers preventing LDCs usage of the DSU including capacity issues, costs, private sector involvement and others. Consideration is also given to specific provisional measures which are widely available and recognised within national legal regimen, have been adopted internationally by a plethora of divergent judicial, quasi-judicial and arbitral fora, and are recommended by the WTO and 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, which hitherto have prevented LDCs from exercising their right to prosecute trade disputes with other WTO members.
Languageen
PublisherHamad bin Khalifa University Press (HBKU Press)
SubjectWTO
SubjectDSU
SubjectLDC
Subjectparticipation
Subjectprovisional remedies
TitleFrustration through futility: Least developed countries and the WTO’s settlement of disputes
TypeArticle
Pagination1-24
Issue Number3
Volume Number2016


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