The Dispute Settlement Under The World Trade Organisation-Outlook Of Developing Countries
- IJLLR Journal
- 11 hours ago
- 2 min read
Dr. Sumanth H M, Associate Professor of Law, Government Law College, Ramanagara, Karnataka
ABSTRACT
Trade between the nations is very much essential for the development of economy of every country and it helps consumers of different countries to enjoy the benefits of availability of variety of goods. Whenever trade takes place in international level, disputes are bound to arise and to settle them, there must be a dispute settlement system and mechanism and a body to manage and regulate international trade. To settle the trade disputes that are arising in international level, there is dispute settlement body formulated under WTO with certain procedures like consultation, panel process and the Appellate Body procedures. While deciding the disputes, Developed Countries play a major role and the Developing Countries and the Least Developed Countries (LDC) suffer by losing the disputes against the Developed Countries. The Developing Countries face numerous problems and the decisions given by the dispute settlement body were not implemented properly by the Developed Countries so the Developing Countries cannot enjoy the fruits of their winning.
The Developed Countries often impose technical barriers and the Developing Countries find it difficult to comply them. Even though there is fixed timeline for the settlement of trade disputes, when the Developing Countries won the dispute against a Developed Country, the Developed Countries drag the implementation of decision given by the dispute settlement panel and the Appellate Body. At present, the Appellate Body of the WTO is not functioning because of lack of members and many disputes are pending. There should be reformation in the dispute settlement system of WTO and equality must be maintained in decision making and implementation process.
Keywords: Trade, WTO, Disputes, Appellate Body, Developing Countries, LDC.
