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52 Geo. Wash. Int'l L. Rev. 219 (2020)
Where Are the Least Developed Countries and Small Developing State Complainants in the World Trade Organization's Dispute Settlement Body?

handle is hein.journals/gwilr52 and id is 247 raw text is: 






     WHERE ARE THE LEAST DEVELOPED COUNTRIES AND
       SMALL   DEVELOPING STATE COMPLAINANTS IN THE
                  WORLD TRADE ORGANIZATION'S DISPUTE
                                            SETTLEMENT BODY?


             MD.  RIZWANUL   ISLAM*  AND FARHAAN   UDDIN  AHMED**




                             ABSTRACT
     This Article attempts to understand the lack of Least Developed Coun-
     tries (LDC)s and small developing Member States' participation as com-
     plainants in the World Trade Organization (WTO) Dispute Settlement
     Body (DSB) by undertaking the case study of the only LDC initiated
     dispute in the DSB: India - Anti-Dumping. This Article enumerates
     and analyzes the challenges that LDCs and other small developing states
     face when deciding to pursue claims in the DSB, while pursuing the
     same and the consequences of pursuing such claims in the DSB. This
     Article then recommends pragmatic reforms and other practical measures
     which may be undertaken to ease and incentivize the participation of
     LDCs and other small developing Member States in the dispute settle-
     ment process of the W TO.

                         I. INTRODUCTION

  While   some   analysts have  expressed   trepidation  about   the
increasing  judicialization  of  the  World   Trade    Organization
(WTO), most trade analysts view the Dispute Settlement Body
(DSB)  and  its process as one of the most significant improvements
from   the pre-1995   General  Agreement on Tariffs and Trade
(GATT)   era.  The  DSB  has been  labeled the  crown jewel  of the
WTO system.1 Some have suggested that the various administra-
tive bodies of the WTO-committees, working parties, and review
bodies-play   a role as important  as the formal dispute settlement

    *  Associate Professor, Department of Law, North South University; Ph.D. 2011, Mac-
quarie University; L.L.M. 2006, National University of Singapore; L.L.B. 2004, University of
Dhaka. The author may be contacted at rizwanuli@u.nus.edu.
   **  Lecturer in Public International Law, School of Law, BRAC University; L.L.M.
2016, University of Cambridge; L.L.B. 2014, BRAC University. The authors would like to
thank the members of the Editorial Board for their helpful comments and suggestions.
The author may be contacted at farhaan@cantab.net.
    1. Sungjoon Cho, Of the World Trade Court's Burden, 20 EUR. J. INT'L L. 675, 676
(2009).


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