Chapter

Invoking Development in Dispute Settlement

Sonia E. Rolland

in Development at the World Trade Organization

Published in print February 2012 | ISBN: 9780199600885
Published online May 2012 | e-ISBN: 9780191738364 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600885.003.0008

Series: International Economic Law Series

Invoking Development in Dispute Settlement

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Developing countries have been complainants in over 150 disputes, respondents in close to 140 cases and have participated as third parties in over 530 instances. They have made arguments relating to development or to Special and Differential Treatment (SDT) in over 60 cases since 1947. As a result there is a significant body of legal analysis that informs the WTO's understanding of trade and development, usually in reference to SDT provisions. This chapter identifies trends in panels and AB analysis on SDT to help developing country litigants to devise more effective litigation strategies and better position their arguments. It also identifies some recurrent blind angles of adjudicators (panelists, AB members, and arbitrators) and proposes some evolutions in the understanding of the provisions.

Keywords: litigation; dispute settlement understanding; DSU; SDT; special and differential treatment; trade preferences; best efforts; participation; retaliation; enforcement; compliance; implementation; development; procedure

Chapter.  26537 words. 

Subjects: Public International Law

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