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Low-income developing countries and WTO litigation: Why wake up the sleeping dog?

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  • Manfred Elsig
  • Philipp Stucki

Abstract

The World Trade Organization (WTO) is one of the most judicialized dispute settlement systems in international politics. While a general appreciation has developed that the system has worked quite well, research has not paid sufficient attention to the weakest actors in the system. This paper addresses the puzzle of missing cases of least-developed countries initiating WTO dispute settlement procedures. It challenges the existing literature on developing countries in WTO dispute settlement which predominantly focuses on legal capacity and economic interests. The paper provides an argument that the small universe of ‘actionable cases’, the option of free riding and the assessment of the perceived opportunity costs related to other foreign policy priorities better explain the absence of cases. In addition (and somewhat counterintuitively), we argue that the absence of cases is not necessarily bad news and shows how the weakest actors can use the dispute settlement system in a ‘lighter version’ or in indirect ways. The argument is empirically assessed by conducting a case study on four West African cotton-producing countries (C4) and their involvement in dispute settlement.

Suggested Citation

  • Manfred Elsig & Philipp Stucki, 2012. "Low-income developing countries and WTO litigation: Why wake up the sleeping dog?," Review of International Political Economy, Taylor & Francis Journals, vol. 19(2), pages 292-316.
    • Handle: RePEc:taf:rripxx:v:19:y:2012:i:2:p:292-316
    DOI: 10.1080/09692290.2010.528313
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    Cited by:

    1. Hyo Won Lee, 2019. "Legalization and dispute settlement benefits: The case of the GATT/WTO," The Review of International Organizations, Springer, vol. 14(3), pages 479-509, September.
    2. Jeheung Ryu & Randall W. Stone, 2018. "Plaintiffs by proxy: A firm-level approach to WTO dispute resolution," The Review of International Organizations, Springer, vol. 13(2), pages 273-308, June.
    3. Spilker, Gabriele, 2013. "The WTO Dispute Settlement Mechanism – Enforcement, State Power, and Dispute Recurrence," Papers 584, World Trade Institute.
    4. Lee, Jiwon & Wittgenstein, Teresa, 2017. "Weak vs. Strong Ties: Explaining Early Settlement in WTO Disputes," ILE Working Paper Series 7, University of Hamburg, Institute of Law and Economics.
    5. Soo Yeon Kim & Gabriele Spilker, 2019. "Global value chains and the political economy of WTO disputes," The Review of International Organizations, Springer, vol. 14(2), pages 239-260, June.
    6. Spilker, Gabriele, 2013. "Compliance with WTO Dispute Rulings," Papers 585, World Trade Institute.
    7. Manfred Elsig & Bernard M. Hoekman & Joost Pauwelyn, 2016. "Thinking about the performance of the World Trade Organization: A discussion across disciplines," RSCAS Working Papers 2016/13, European University Institute.

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