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The WTO Dispute Settlement Body A Decade of Hard Work

The WTO Dispute Settlement Body A Decade of Hard Work. Amin Alavi, Ph.D. Researcher Copenhagen University & Danish Institute for International Studies. Q. Does it work?. Developing countries Compliance. A. Yes and No and Maybe. 3 Steps and a Jump. First things first How is it used?

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The WTO Dispute Settlement Body A Decade of Hard Work

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  1. The WTO Dispute Settlement BodyA Decade of Hard Work Amin Alavi, Ph.D. Researcher Copenhagen University & Danish Institute for International Studies

  2. Q. Does it work? • Developing countries • Compliance A. Yes and No and Maybe

  3. 3 Steps and a Jump • First things first • How is it used? • Is it a success? • A possible future scenario

  4. Some Generalities • Countries define themselves ”developing”. • DSB is a rule-based system. • DSB is as strong as the member-states want it to be. • Retaliation is not the point. • Cases have legal and political aspects.

  5. 3 Steps and a Jump • First things first • How is it used? • Is it a success? • A possible future scenario

  6. Who is using it?

  7. Against whom?

  8. The battleground

  9. Types of Cases

  10. The picture • Developing Countries: • are more active now. • many pending cases. • settle v other developing countries • Comply to the rulings • And achieve compliance if they hang on • Developed Countries: • Are not the most active users anymore. • Most cases against other developed countries • Either settle during consultations or against each other they go all the way

  11. 3 Steps and a Jump • First things first • How is it used? • Is it a success? • A possible future scenario

  12. Is it a success? • Quick settlement (art. 3.3): No • Satisfactory/positive solution (3.4 & 3.7): Yes • Compliance (3.7.): Most likely (it may take a while though). • Regarding Developing countries: ?

  13. 3 Steps and a Jump • First things first • How is it used? • Is it a success? • A possible future scenario

  14. The coming battle • Developing countries will be the prime users. • Longer implementation time. • But higher compliance/settlement rate. • The political use of the system will increase.

  15. Next move? • Forget about retaliation and special status and do not be afraid of increased legalization of the system. • But go for: • Streamlining the process • Achieving relevant assistance • Establishing infrastructure • Learning the system • Using the system

  16. Thanks for listening

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