Rethinking Developing Country Participation In WTO Dispute Settlement System Reform
- IJLLR Journal
- Jun 6
- 1 min read
Ananta Proshad Chakraborty
ABSTRACT
Developing countries have a very limited participation in the WTO Dispute Settlement System. Although legal equality exists, capacity asymmetries between developing countries continue to hamper participation, with smaller economies struggling while larger economies thrive. This unequal participation persists due to financial, legal, administrative, and information barriers, along with procedural rigidity, the paralysis of the Appellate Body and limited remedies. This study explores these differences through a doctrinal analysis of WTO texts, panel reports, and reform proposals. This study also shows how power disparities, differences in institutional capacity, and constraints in financial, legal, and informational resources continually impact the participation of developing nations. The impact of institutional capacity differences on economically weaker countries’ involvement in WTO dispute settlement is examined in this article, along with potential reforms that could rectify these discrepancies without compromising the rule-based framework of the system.
Keywords: WTO Dispute Settlement, Developing Countries, Institutional Capacity Asymmetries, Appellate Body Crisis, WTO Reform.
