Dispute Settlement at the WTO: The Developing Country Experience

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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.

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Editorial Reviews

From the Publisher
'The original material provided by the case studies in this volume of essays will … enrich the work of commentators and scholars, who should draw upon them when writing about developing countries' use of the WTO dispute settlement. They … have much to learn.' Mary E. Footer, European Journal of International Law

'Given the serious domestic governance shortcomings in most of the countries examined - which virtually certainly exist in other countries - and given the extreme political difficulties of changing retaliation rules, the focus on domestic governance and improved operation within the existing system is not only a sound one, but also the only realistic one. The book deserves credit for the clarity with which it makes this general point, all the while permitting a nuanced, country-specific analysis that does justice to the peculiarities and specific challenges of each of the examined countries.' World Trade Review

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Product Details

  • ISBN-13: 9780521769679
  • Publisher: Cambridge University Press
  • Publication date: 12/31/2010
  • Pages: 372
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.90 (d)

Meet the Author

Ricardo Meléndez-Ortiz is the co-founder and Chief Executive of the International Centre for Trade and Sustainable Development (ICTSD).

Gregory C. Shaffer is Melvin C. Steen Professor of Law at the University of Minnesota Law School.

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Table of Contents

The law-in-action of the WTO: the developing country experience Ricardo Meléndez-Ortiz and Gregory Shaffer; Introduction David Evans and Gregory Shaffer; Part I. Case Studies from South America: 1. Winning at the WTO: the development of a trade policy community within Brazil Gregory Shaffer, Michelle Ratton Sanchez and Barbara Rosenberg; 2. Argentina's experience with WTO dispute settlement: development of national capacity and the use of in-house lawyers José L. Pérez Gabilondo; Part II. Case Studies from Asia: 3. China's experience and challenges in utilising the WTO dispute settlement mechanism Han Liyu and Henry Gao; 4. Learning from the India-EC GSP dispute: the issues and the process Biswajit Dhar and Abhik Majumdar; 5. Thailand's experience in the WTO dispute settlement system: challenging the EC sugar regime Pornchai Danvivathana; 6. How the DSU worked for Bangladesh: the first least developed country to bring a WTO claim Mohammad Ali Taslim; Part III. Case Studies from Africa: 7. South Africa's experience with international trade dispute settlement Gustav Brink; 8. WTO dispute settlement for a middle-income developing country: the situation of Egypt Magda Shahin; 9. Sub-Saharan Africa and WTO dispute settlement: the case of Kenya David Ouma Ochieng and David S. Majanja; Conclusion David Evans and Gregory Shaffer.

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