The WTO dispute settlement mechanism and the reform of third party rights : a study from the perspective of developing countries

• Main Author: Al Bashar, Faisal A. S. A.
• Other Authors: Maniruzzaman, Abul Fazal Mohammad
• Published: University of Portsmouth 2009
• Subjects: 340
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.502731

The WTO dispute settlement system has significantly improved the position of developing countries in the international trade arena over that which applied under its predecessor, the GATT dispute mechanism. However, while developing countries do not hesitate to evaluate the system positively, they are still facing certain difficulties, so that they cannot participate in it with full effect. The participation of developing countries in the WTO dispute settlement system is of great importance, since international trade regulations are developed there, and it is essential to safeguard their interests in the long run. In this respect, the procedural concerns of developing countries accompanied with the effect of the WTO decision making and jurisprudence on the development objectives of developing countries will be analysed. The position of developing countries in system is certainly in need of review so that solutions can be identified and adopted. Solutions for reform are presented here in order to help developing countries to use the system effectively. One of the evolving issues that have stimulated a real debate among WTO members is the reform of third party rights. The aim of this research is to analyse the importance of such rights for developing counties, showing how exercising them more widely could give developing counties a real insight into the functioning of the DSM and allow them to familiarise themselves with the system. However, third party rights are often unclear and sometimes confusing; hence, proposals for reform of third party rights in both the consultation stage and the panel/AB processes will be evaluated with particular reference to developing countries.