International Law

Dispute Settlement at the WTO The Developing Country Experience

Edited by Gregory C. Shaffer · Ricardo Meléndez-Ortiz
Cambridge University Press November 2010

Specifications

ISBN-13
9780521769679
Publisher
Cambridge University Press
Publication
November 2010
Format
Hardback , 372 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

• Provides an in-depth empirical assessment of how the WTO dispute settlement system works in practice for developing countries, including the mechanisms and processes they have deployed in order to make use of the system • Explores the impact of the WTO legal system on government, business and civil society in the rising economic powers of China, Brazil, India and South Africa, including the various challenges they continue to face • Examines the severe challenges that smaller developing countries face in making use of the WTO legal system, including Bangladesh, Egypt and Kenya, and advances specific strategies for consideration

Table of Contents

List of tables
vii
List of figures
viii
List of contributors
ix
Preface: The ICTSD dispute settlement project
Gregory C. Shaffer and Ricardo Meléndez-Ortiz
xi
Introduction
David Evans and Gregory C. Shaffer
1
Part I    Case Studies from South America
19
1.        Winning at the WTO: the development of a trade policy community within Brazil
Gregory C. Shaffer, Michelle Ratton Sanchez Badin and Barbara Rosenberg
21
2.        Argentina's experience with WTO dispute settlement: development of national capacity and the use of in-house lawyers
José L. Pérez Gabilondo
105
Part II   Case Studies from Asia
135
3.        China's experience in utilizing the WTO Dispute Settlement Mechanism
Han Liyu and Henry Gao
137
4.        Learning from the India–EC GSP dispute: the issues and the process
Biswajit Dhar and Abhik Majumdar
174
5.        Thailand's experience in the WTO dispute settlement system: challenging the EC sugar regime
Pornchai Danvivathana
210
6.        How the DSU worked for Bangladesh: the first least developed country to bring a WTO claim
Mohammad Ali Taslim
230
Part III  Case Studies from Africa
249
7.        South Africa's experience with international trade dispute settlement
Gustav Brink
251
8.        WTO dispute settlement for a middle-income developing country: the situation of Egypt
Magda Shahin
275
9.        Sub-Saharan Africa and WTO dispute settlement: the case of Kenya
David Ouma Ochieng and David S. Majanja
301
10.       Conclusion
David Evans and Gregory C. Shaffer
342
Index
349
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