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Making WTO Dispute Settlement Work for African Countries: An Evaluation of Current Proposals for Reforming the DSU

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  • Bartels Lorand

    (Faculty of Law, University of Cambridge, United Kingdom)

Abstract

Most African countries are WTO Members, and yet to date none has been a complainant in dispute settlement proceedings. One possible reason is that the WTO enforcement regime is not well suited to smaller complainants whose imports from a larger defendant represent only a small share of that defendant’s total exports. Because retaliation rights must be “equivalent” to damage caused, retaliation may not be sufficient to induce the defendant to comply with its obligations. As a result, there may be a chilling effect on smaller countries commencing trade disputes. This article analyses current proposals within the context of the WTO DSU Review that address this problem. It also compares the WTO enforcement regime to general international law on the proportionality of countermeasures and suggests ways to soften the “equivalence” requirement.

Suggested Citation

  • Bartels Lorand, 2013. "Making WTO Dispute Settlement Work for African Countries: An Evaluation of Current Proposals for Reforming the DSU," The Law and Development Review, De Gruyter, vol. 6(2), pages 47-66, August.
    • Handle: RePEc:bpj:lawdev:v:6:y:2013:i:2:p:s47-66:n:3
    DOI: 10.1515/ldr-2013-0020
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    References listed on IDEAS

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    1. Bruce Wilson, 2007. "Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings: The Record to Date," Journal of International Economic Law, Oxford University Press, vol. 10(2), pages 397-403, June.
    2. Delpeuch, Claire, 2011. "African cotton markets at crossroads : will the price spike turn into a new kick-start ?," Policy Research Working Paper Series 5847, The World Bank.
    3. Bown,Chad P. & Pauwelyn,Joost (ed.), 2010. "The Law, Economics and Politics of Retaliation in WTO Dispute Settlement," Cambridge Books, Cambridge University Press, number 9780521119979, October.
    4. Bernard O'Connor & Margareta Djordjevic, 2005. "Practical Aspects of Monetary Compensation," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 127-142, March.
    5. William J. Davey, 2005. "The WTO Dispute Settlement System: The First Ten Years," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 17-50, March.
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    Cited by:

    1. Forere Malebakeng, 2013. "Revisiting African States Participation in the WTO Dispute Settlement through Intra-Africa RTA Dispute Settlement," The Law and Development Review, De Gruyter, vol. 6(2), pages 155-179, August.

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