Statutory Safeguards and Privileges for Developing Countries in the WTO Dispute Settlement System

Abstract

The era of globalization has created a proverbial 'rush' to utilize trade and investment in developing nations. Growing fear over the abuse of developed nations' bargaining power in these areas led the WTO to adopt remedial measures ensuring the protection of developing nations during disputes. The WTO's dispute settlement system is unequivocally the most comprehensive form of the resolution of disputes among its Member States. Despite the numerous privileges and safeguards offered to developing Members States, reluctance and a lack of understanding in using the WTO dispute resolution process remain within these nations. This paper explains the options available to these nations, in an attempt to attract to use the dispute resolution process, and offers key insight on future amendments that can facilitate developing Member's participation in the future. It will further articulate the statutory safeguards and favors provided to developing countries in DSS.