Countries can only take advantage of the rule of law that WTO provides if they can effectively pursue their rights in a complex legal regime, which largely depends on having an adequate number of experienced legal, economic and diplomatic staff and a large network of external experts and private sector representatives.
The research undertaken by ICTSD has shown that to varying degrees, developing countries lack legal capacity, which impedes their ability to participate fully in WTO dispute settlement. Consequentially, developing countries cannot fully deploy the options provided by the WTO’s rules-based system.
There is a profound need to build greater legal capacity for strong and well informed stakeholder communities. Ideally, this capacity building will also facilitate exchange among key domestic, regional and international actors in the litigation process. In particular, the role of private sector representatives should not be underestimated.
ICTSD’s International Trade Law Programme addresses this profound lack of legal capacity in the framework of dialogues and case studies. Among other things, the Programme recently published a book at Cambridge University Press entitled ‘Dispute Settlement at the WTO: The Developing Country Experience’.
Jointly with the WTO and the Advisory Centre on WTO Law, ICTSD also recently convened a South-South Dialogue on Managing Trade Litigation. The event brought together 54 experienced delegates from 26 developing countries and was informed by ICTSD background studies.
List of publications