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5 Int'l J. Advanced Legal Stud. & Governance 1 (2015)

handle is hein.journals/ijalsg5 and id is 1 raw text is: 








  The World Trade Organisation (WTO) Dispute Settlement
                 Mechanism in Developing Countries

                                    Otor, E. I.

                                    ABSTRACT
        This review on the World Trade Organisation (WTO) Dispute Settlement
        Mechanism in Developing Countries aims at discussing how WTO dispute
        settlement works, the prospective benefits and hurdles to effective use of the
        regime by developing countries, and some potential directions for technical
        assistance and capacity building, focusing on WTO dispute settlement in
        particular. The Dispute Settlement Understanding (DSU) in several provisions
        has made some ways to help the developing and less developed countries access
        the benefits provided by the DSU. Hence, the operation of the system could be
        improved from the perspective of developing countries, by reforms that provide
        more effective remedies for smaller countries and help to defray the cost of WTO
        litigations and save more time and resources for these countries.
        Keywords: World Trade Organisation, Dispute Settlement Mechanism, dispute
        settlement understanding, Developing Countries

                                INTRODUCTION
An effective dispute settlement system is critical to the operation of the World Trade
Organisation. It will make little sense to spend years negotiating detailed rles in international
trade agreements if those rles could be ignored. In the WTO, dispute settlement is governed
by the Dispute Settlement understanding (DSU), which is effectively an interpretation and
elaboration of GATT Article xxiii. Essentially the dispute settlement process of WTO is
considered in four phases namely: consultations, the panel process, the appellate process,
and surveillance of implementation. AWTO member may ask for consultations with another
WTO member if the complaining member believes that the other member has violated a
WTO agreement or otherwise nullified or impaired benefits accruing to it.
        The goal of the consultation is to enable the disputing parties to understand better
the factual situation and the legal claims in respect of the dispute and to resolve the matter
without further proceedings. The manner in which the consultations are conducted is up to
the parties as the DSU has no rules on consultations beyond that they are to be entered
into in good faith and are to be held within 30 days of a request. Normally, they are held in
Geneva and involved capital- based officials, as well as the local WTO delegates of the
parties. If consultations fail to resolve the dispute within 60 days of the request for
consultations, the complaining party may request the Dispute Settlement Body (DSB), the
WTO body that oversees the operations of the dispute settlement system (DSS) to establish
a panel to rule on the dispute. Thus, unless the member requesting the establishment of a

Otor, E. L, LLB, LLM, BL is a Lecturer at Faculty of Law, Uniersity of Jos, Jos, Plateau State,
Nigeria. E-mail: otorenochi@yahoo.co.uk

International Journal of Advanced Legal Sudies and Governance, Vol.5 No. 1, April 2015  1
ISSN: 2141-6710

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