Developing Countries and the WTO Dispute Settlement Mechanism : An Examination of the Underutilized Crown Jewel

One of the most noteworthy achievements of the establishment of the WTO in 1995 was the introduction of its binding dispute settlement system. Building upon the GATT dispute settlement practice existing in this area, the Understanding on the Rules and Procedures Governing the Settlement of Disputes ('DSU') heralds a new development in international economic relations in which law, more than power, reigns. Despite this, a vast majority of developing countries have not participated actively in the WTO dispute settlement system due to not only their level of development and challenges emerging out of it, but also because of the way the DSU is structured and operates in practice-depriving these countries of the benefits of the WTO legal regime. This paper looks at the WTO Understanding on Dispute Settlement (DSU) from the perspective of developing countries. Firstly, it identifies the salient features of the DSU and tries to establish whether or not they are adequate and effective. Secondly, it goes on to identify the major concerns of the developing countries existing in this area. Lastly, it goes on to highlight the main issues of the Doha round of multilateral trade negotiations from the viewpoint of the developing world and tries to address them