Research Topic: WTO Dispute Settlement Mechanism and Developing Countries This dissertation examines the World Trade Organization (WTO) dispute settlement mechanism and developing nations. The focus on this topic is of great importance because it will help to understand the extent at which developing nations participate in the WTO dispute settlement mechanism, the effectiveness of the mechanism, as well as potential barriers or challenges, and recommendations, insofar as developing nations are concerned. The research question concerning this topic is therefore: To what extent does the WTO dispute settlement mechanism affect/influence developing countries? In addressing the research question, the dissertation shall focus on four important sections. The first section shall explore the general context of the WTO dispute settlement mechanism, by looking at when it was formed, the reason behind its formation, its functions, and scope (Pinstrup-Andersen and Fuzhi, 2007:2). In addition, this section shall examine the extent at which developing nations have taken part in the system. This shall first include a look at WTO member composition, including the proportion of members from developing economies. It shall also include the extent at developing countries have participated, either as complainants or as respondents, in the WTO dispute settlement mechanism (Abbott, 2007:3: Bown, 2005:287). Statistical comparison between the participation of developed and developed economies in the WTO dispute efforts will be analyzed throughout this section. Having identified the level of participation, the second section shall argue that developing nations do not participate adequately in the WTO dispute resolution efforts. This section shall examine the various reasons as to why developing nations fail to participate fully in the WTO dispute mechanism. This shall include issues such as their lack of sufficient human resources with knowledge and expertise concerning WTO procedural and substantive laws relating to dispute settlement, their lack of capacity and power, among other important reasons (Ghidini, Rudolph and Marco, 2014:150). This assessment is important because it shall help understand the reasons affecting the participation of developing nations in the WTO dispute settlement mechanism, which shall in turn, help formulate potential solutions to that effect. The third section of the dissertation on the other hand, shall examine the Cotton Yarn case involving the United States and Pakistan. As a developing nation, Pakistan participated in the WTO dispute mechanism and eventually won the case (Diane Publishing, 2001:31). This section shall therefore highlight Pakistans experiences throughout the resolution process. The cases study shall not only focus on the events that took place, but shall also examine the various challenges that Pakistan faced, in its pursuit of the case through the WTO dispute settlement regime. It shall also look at the experiences of other developing countries including Brazil, China, Argentina, Egypt, South Africa, and Bangladesh (Shaffer and Ricardo, 2010; Watkins, 2002). It shall point out the lack of institutional structures and capacity constraints faced by developing nations in pursuing a case through the WTO. In addition, it shall demonstrate how powerful members can choose to ignore the ruling or recommendations passed against them by WTO, which in turn, works to disadvantage the developing nations (Shaffer GC and Ricardo M-O, 2010:341). The fourth section of this dissertation shall look at the ways in which the WTO dispute regime can be improved, in an effort to provide an effective legal framework for both developed and developing countries. This shall include some robust punitive methods, such as, ensuring compensation to those affected by deliberate measures taken by other WTO members to distort trade (Shaffer, 2003:37). Finally, a conclusion shall be provided, which shall sum up the key issues covered in the dissertation. Bibliography Abbott R (2007) Are Developing Countries Deterred from Using the WTO Dispute Settlement System? ECIPE Working Paper No. 01/2007, Brussels. Bown C (2005) Participation in WTO dispute settlement: Complainants, interested parties, and free riders. World Bank Economic Review 19(2): 287310. Diane Publishing (2001) Operation of the Trade Agreements Program, the Year in Trade, 53rd Report 2001.Collingdale: Diane Publishing. Ghidini G, Rudolph JR and Marco (2014) TRIPS and Developing Countries: Towards a New IP World Order? New York: Edward Elgar Publishing. Pinstrup-Andersen P and Fuzhi C (2007) The WTO Dispute Settlement Mechanism and Developing Countries: The Brazil-U.S. Cotton Case. New York: Cornell University. Shaffer G (2003) How To Make the WTO Dispute Settlement System Work for Developing Countries: Some Proactive Developing Country Strategies. ICTSD Resource Paper No. 5: 1-65. Shaffer GC and Ricardo M-O (2010) Dispute Settlement at the WTO: The Developing Country Experience, Eds. Cambridge: Cambridge University Press. Watkins K (2002) Cultivating poverty: The impact of US cotton subsidies on Africa. Oxfam Briefing Paper 30. Oxford, UK: Oxfam.
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