Dispute Settlement at the WTO The Developing Country Experience

Author: Gregory C. Shaffer; Ricardo Meléndez-Ortiz
Publisher: Cambridge University Press
ISBN: 9780521769679
Published In: November 2010
Format: Hardback , 372 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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