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Dispute Settlement at the WTO: The Developing Country Experience

Edited by: Ricardo Melendez-Ortiz, Gregory C. Shaffer

ISBN13: 9781107684683
Published: February 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £38.99
Hardback edition , ISBN13 9780521769679

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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

International Trade
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.