Are strongDevelopingstrong Countries Deterred from Using the WTO Dispute.pdfVIP

ECIPE WORKING PAPER • No. 01/2007 Are Developing Countries Deterred from Using the WTO Dispute Settlement System? Participation of Developing Countries in the DSM in the years 1995-2005 Roderick Abbott Roderick Abbott (roderickabbott@), a member of ECIPE’s Steering Committee and Advisory Board, was a Deputy Director General of the World Trade Organization until late 2005. Prior to his position in the WTO, Mr Abbott was the Deputy Director General of DG Trade in the European Commission and Ambassador to Geneva. Abstract The data issued by the WTO Secretariat on disputes shows that ‘developing countries’ have participated in one-third of the cases 1995-2005. The data should be corrected to exclude some OECD member countries and some others with high GDP per capita. These adjustments reduce by about 30 the number of cases and, in addition, analysis shows that the vast majority of the developing country cases were launched by just five members. If another eight members are added, you have 90 per cent of developing member dispute activity, which means that around 80-90 members have had no dispute participation at all. This paper discusses rea- sons for that passive attitude and concludes that there seems to be little in the WTO system per se that needs correcting in this context. It is rather problems of internal governance and organization in many capitals that may be responsible for the relative absence of many members from the WTO dispute scene. Keywords: international trade, World Trade Organization, trade law, Dispute Settlement System, developing countries JEL Code: F51, F53, F59, P45 Phone +32 (0)2 501 53 08 Fax +32 (0)2 501 53 20 info@ Rue Du Luxembourg 3, B-1000, Brussels, Belgium ECIPE WORKING PAPER 1 I