DSU Reform and Beyond - Enhancing Developing Countries’ Capacity to Participate in WTO DSU Proceedings
3rd – 4th November 2009
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The dialogue will address issues regarding the accessibility of the multilateral trading system for developing countries, specifically, enhancing the ability of these countries to effectively utilize the dispute settlement system in light of capacity constraints, the structure of the DSU itself and developments affecting the international trading system.
The ability of countries to advance or protect their trade interests, particularly those which significantly promote their sustainable development objectives, through a rule-based, legally binding and commercially meaningful dispute settlement system is critical to the stability and success of any international trading arrangement.
With more rigorous disciplines and a growing body of jurisprudence, the WTO dispute settlement system has however become significantly more legalistic and consequently more arduous to navigate. WTO Member countries which are keen to avail of the system to protect or advance their trade rights and objectives face the daunting challenge of grasping and keeping pace with its increased complexity. Though developing countries’ participation in trade disputes has increased considerably, their engagement remains limited.
While DSU reform remains an outstanding issue given the continuing absence of negotiating outcomes under the Doha Round, developments outside the WTO have brought even greater focus to the importance of effective and accessible dispute settlement mechanisms.
From the increasingly fragmented international trading system, to the economic crisis which spurred the recent surge in protectionist measures, on to the trade-related measures being debated as a means to achieve objectives in other international fora (such as on climate change), the DSU seems ‘fit to be tested’. Many of the issues raised in this context affect developing countries and development concerns disproportionately.
By providing space for various stakeholders to discuss different legal and extra-legal mechanisms and approaches deemed particularly relevant for the successful use of the dispute settlement system, ICTSD hopes to enable a range of different actors to integrate sound practices and solutions in advancing or protecting their trade interests through dispute settlement.
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