Developing Countries, Dispute Settlement, and the Advisory Centre on WTO Law

Critical appraisals of the current and potential benefits from developing country engagement in the World Trade Organization (WTO) focus mainly on the Doha Round of negotiations. This paper examines developing country participation in the WTO dispu...

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Bibliographic Details
Main Authors:	Bown, Chad P., McCulloch, Rachel
Format:	Policy Research Working Paper
Language:	English en_US
Published:	World Bank, Washington, DC 2014
Subjects:	ACCOUNTING AGREEMENT ON AGRICULTURE AGREEMENT ON TEXTILES AGREEMENT ON TRADE-RELATED ASPECTS AGRICULTURAL PRODUCTS AGRICULTURAL SUBSIDIES ANTI-DUMPING DUTIES ANTI-DUMPING MEASURES APPELLATE BODY BARRIER CAPACITY BUILDING CLIENT COUNTRIES CLIENT COUNTRY COMPARATIVE ADVANTAGE COMPLIANCE PANEL CONSUMER DEMAND CONTRACTING PARTIES COST REDUCTION COUNTERVAILING DUTIES COUNTERVAILING MEASURES COUNTRY MARKET COUNTRY MARKETS CUSTOMS DEVELOPING COUNTRIES DEVELOPING COUNTRY DEVELOPING COUNTRY MARKETS DEVELOPMENT ROUND DISPUTE RESOLUTION DISPUTE RESOLUTION PROCESS DISPUTE SETTLEMENT DISPUTE SETTLEMENT PROCESS DISPUTE SETTLEMENT SYSTEM DOLLAR VALUE DOMESTIC SUPPORT ENFORCEMENT MECHANISM ENFORCEMENT PROCESS EXPORT DATA EXPORT GROWTH EXPORT MARKET EXPORT MARKETS EXPORT RESTRAINTS EXPORT SALES EXPORT SUBSIDIES EXPORTER EXPORTERS EXPORTING COUNTRIES FINANCIAL SUPPORT FOREIGN GOVERNMENT FOREIGN GOVERNMENTS FOREIGN MARKET IMPORT PROHIBITION IMPORT PROTECTION IMPORT RESTRICTIONS IMPORTING COUNTRY INDUSTRIAL SECTOR INDUSTRIALIZED COUNTRIES INFORMATION TECHNOLOGY INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY RIGHTS INTENSIVE INDUSTRIES INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL ECONOMIC LAW INTERNATIONAL TRADE INTERNATIONAL TRADE LAW LEGAL ASSISTANCE LEGAL COUNSEL LEGAL SYSTEM MARKET ACCESS MARKET ACCESS OPPORTUNITIES MEMBER COUNTRIES MIDDLE-INCOME DEVELOPING COUNTRIES PANEL PROCESS PANEL REPORT PANEL REPORTS PER CAPITA INCOME POLICY CHANGES POLICY IMPLICATIONS POLICY REFORM POLICY RESEARCH POLITICAL ECONOMY POOR COUNTRIES POTENTIAL BENEFITS PRIVATE LAW PROPERTY RIGHTS PROPRIETARY TECHNOLOGIES PUBLIC RECORDS PUBLIC-PRIVATE PARTNERSHIPS REGULATORY BARRIERS REPUTATION ROUND AGREEMENT ROUND NEGOTIATIONS RULES OF ORIGIN SAFEGUARD MEASURES SETTLEMENT SETTLEMENT SYSTEM SMALL CLAIMS PROCEDURE TAX TAX TREATMENT TELECOMMUNICATIONS TRADE AGREEMENTS TRADE BARRIERS TRADE DISPUTE TRADE DISPUTES TRADE POLICY TRADE RESTRICTION TRADE RESTRICTIONS TRADING TRADING PARTNER TRADING PARTNERS TRANSITION ECONOMIES TRANSPARENCY TRIPS AGREEMENT VALUATION VOLATILITY WORLD ECONOMY WORLD TRADE WORLD TRADE ORGANIZATION WTO WTO COMMITMENTS WTO COMPLIANCE WTO MEMBERS WTO MEMBERSHIP WTO RULES WTO SECRETARIAT
Online Access:	http://documents.worldbank.org/curated/en/2010/01/11618030/developing-countries-dispute-settlement-advisory-centre-wto-law http://hdl.handle.net/10986/19938

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Summary:	Critical appraisals of the current and potential benefits from developing country engagement in the World Trade Organization (WTO) focus mainly on the Doha Round of negotiations. This paper examines developing country participation in the WTO dispute settlement system to enforce foreign market access rights already negotiated in earlier multilateral rounds. The dispute data from 1995 through 2008 reveal three notable trends: developing countries sustained rate of self-enforcement actions despite declining use of the Dispute Settlement Understanding (DSU) by developed countries, developing countries increased use of the DSU to self-enforce their access to the markets of developing as well as developed country markets, and the prevalence of disputes targeting highly observable causes of lost foreign market access, such as antidumping, countervailing duties, and safeguards. The paper also examines potential impacts of the Advisory Centre on WTO Law (ACWL) into the WTO system in 2001. A close look at the data reveals evidence on at least three channels through which the ACWL may be enhancing developing countries' ability to self-enforce foreign market access: increased initiation of sole-complainant cases, more extensive pursuit of the DSU legal process for any given case, and initiation of disputes over smaller values of lost trade.

Developing Countries, Dispute Settlement, and the Advisory Centre on WTO Law

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