- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
This article evaluates the integration of developing countries in the World Trade Organization (WTO) legal regime. It aims to complement the economic analysis with a legal assessment of the rules that have attempted to accommodate the special position of developing countries in world trade. It provides a historical overview of the GATT 1947 and WTO rules. The next section reviews developing-country participation in WTO dispute settlement, observing the lack of engagement by the vast majority of developing countries. It outlines the four constraints commonly identified as explaining that lack of participation. The next section is on fifth factor that has yet to receive much attention, namely, that a high proportion of developing-country trade falls under preferential rules that are not enforceable in WTO dispute settlement proceedings. This article intended to raise an awareness of the opportunity costs of those rules as a matter of enforceable WTO law.
Hunter Nottage is Counsel at the Advisory Centre on WTO Law; formerly with the Trade Directorate of the Organisation for Economic Cooperation and Development (OECD).
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