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The challenges of WTO law: strategies for developing country adaptation

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  • SHAFFER, GREGORY

Abstract

Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges as constraints of law, money, and politics. This article explores various strategies for responding to these challenges, none of which involves a modification of the rules of the WTO's Dispute Settlement Understanding.

Suggested Citation

  • Shaffer, Gregory, 2006. "The challenges of WTO law: strategies for developing country adaptation," World Trade Review, Cambridge University Press, vol. 5(2), pages 177-198, July.
    • Handle: RePEc:cup:wotrrv:v:5:y:2006:i:02:p:177-198_00
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    Cited by:

    1. Bown, Chad, 2007. "Developing Countries and Enforcement of Trade Agreements: Why Dispute Settlement Is Not Enough," CEPR Discussion Papers 6459, C.E.P.R. Discussion Papers.
    2. Fattore, Christina, 2013. "Exploring Aviation Rivalries within the Legal Context of the WTO," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 14(2), pages 1-17.
    3. Khan, Haider & Liu, Yibei, 2008. "Globalization and the WTO Dispute Settlement Mechanism: Making a Rules-based Trading Regime Work," MPRA Paper 7613, University Library of Munich, Germany, revised 2008.
    4. Ikyase Johnkennedy Tersoo & David N. Ikyase, 2014. "Towards Effective Integration of Nigerian Economy into Global Economic Competitiveness; Problems and Prospects," International Journal of Management Sciences, Research Academy of Social Sciences, vol. 2(1), pages 29-37.
    5. Basheer Shamnad, 2010. "Turning Trips on Its Head: An "IP Cross Retaliation" Model for Developing Countries," The Law and Development Review, De Gruyter, vol. 3(2), pages 141-197, May.
    6. Duncan Snidal & Thomas Hale & Emily Jones & Claas Mertens & Karolina Milewicz, 2024. "The power of the “weak” and international organizations," The Review of International Organizations, Springer, vol. 19(3), pages 385-409, September.

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