The WTO Dispute Settlement System and Developing Countries
Virachai Plasai .
Hakan Nordström .
Joost Pauwelyn .
Gregory Shaffer , University of Wisconsin - Milwaukee (UWM) .
The WTO Dispute Settlement System and Developing Countries: Analysis of Strategies to Enhance Developing Country Legal Capacity
KeywordsDispute Settlement - Trade - WTO
"Appeal Without Remand: A Design Flaw in WTO Dispute Settlement and How to Fix it" by Joost Pauwelyn
This study analyses one particular aspect of WTO dispute settlement. When the Appellate Body reverses a panel report it cannot currently send the case back to the panel (absence of a "remand process"). The study examines the origins and extent of this "design flaw" and offers solutions to alleviate the problem.
"Access to Justice in the World Trade Organisation - The Case for a Small Claims Procedure, A Preliminary Analysis" by Hakan Nordström and Gregory Shaffer
The current dispute settlement system of the WTO creates a particular challenge for small states that are WTO members. When they have limited exports, litigation costs are more or less independent of the commercial stakes involved in a dispute. Small member states may therefore find it too costly to pursue legitimate claims. Reviewing the aims and practices of small claims' procedures at the national level, this report analyses whether a similar institution could be introduced at the WTO.
"Compliance and Remedies Against Non-Compliance Under the WTO System: Toward A More Balanced Regime for All Members" by Virachai Plasai
When the WTO was created in 1995, there were expectations that the enforcement regime of the "Understanding on Rules and Procedures Governing the Settlement of Disputes" (DSU) would be better than the previous one under the 1947 General Agreement on Tariffs and Trade. This study attempts to evaluate to what extent the DSU enforcement system has been functioning, to assess how well the compliance and remedy system has served developing countries and to analyse how compliance and remedies may be improved with regard to developing countries.
Appeal Without Remand: A Design Flaw in WTO Dispute Settlement and How to Fix it
English | [372 ko] > download
Access to Justice in the World Trade Organisation - The Case for a Small Claims Procedure, A Preliminary Analysis
English | [1196 ko] > download
Compliance and Remedies Against Non-Compliance Under the WTO System
English | [398 ko] > download