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Developing countries, dispute settlement, and the advisory centre on WTO law

Author

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  • Bown, Chad P.
  • McCulloch, Rachel
Abstract
Critical appraisals of the current and potential benefits from developing country engagement in the World Trade Organization (WTO) focus mainly on the Doha Round of negotiations. This paper examines developing country participation in the WTO dispute settlement system to enforce foreign market access rights already negotiated in earlier multilateral rounds. The dispute data from 1995 through 2008 reveal three notable trends: developing countries’ sustained rate of self-enforcement actions despite declining use of the Dispute Settlement Understanding (DSU) by developed countries, developing countries’ increased use of the DSU to self-enforce their access to the markets of developing as well as developed country markets, and the prevalence of disputes targeting highly observable causes of lost foreign market access, such as antidumping, countervailing duties, and safeguards. The paper also examines potential impacts of the Advisory Centre on WTO Law (ACWL) into the WTO system in 2001. A close look at the data reveals evidence on at least three channels through which the ACWL may be enhancing developing countries'ability to self-enforce foreign market access: increased initiation of sole-complainant cases, more extensive pursuit of the DSU legal process for any given case, and initiation of disputes over smaller values of lost trade.

Suggested Citation

  • Bown, Chad P. & McCulloch, Rachel, 2010. "Developing countries, dispute settlement, and the advisory centre on WTO law," Policy Research Working Paper Series 5168, The World Bank.
    • Handle: RePEc:wbk:wbrwps:5168
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    Cited by:

    1. Chad P. Bown, 2014. "Trade Policy Flexibilities and Turkey: Tariffs, Anti-dumping, Safeguards and WTO Dispute Settlement," The World Economy, Wiley Blackwell, vol. 37(2), pages 193-218, February.
    2. Kazutaka Takechi, 2023. "How are the precedents of trade policy rules made under the World Trade Organization?," Economics and Politics, Wiley Blackwell, vol. 35(3), pages 806-821, November.
    3. Chad Bown & Kara Reynolds, 2015. "Trade flows and trade disputes," The Review of International Organizations, Springer, vol. 10(2), pages 145-177, June.
    4. Shiro Armstrong, 2014. "Economic Cooperation in the Asia-Pacific and the Global Trading System," Asia and the Pacific Policy Studies, Wiley Blackwell, vol. 1(3), pages 513-521, September.
    5. Rachel McCulloch, 2010. "The International Trading System and Its Future," Working Papers 08, Brandeis University, Department of Economics and International Business School.
    6. Antonella Forganni & Heidi Reed, 2019. "Circumvention of Trade Defence Measures and Business Ethics," Journal of Business Ethics, Springer, vol. 155(1), pages 29-40, March.
    7. Johannesson, Louise, 2016. "Supporting Developing Countries in WTO Dispute Settlement," Working Paper Series 1120, Research Institute of Industrial Economics.
    8. Kara M. Reynolds & Chad P. Bown, 2014. "Trade Flows and Trade Disputes," Working Papers 2014-05, American University, Department of Economics.

    More about this item

    Keywords

    Debt Markets; World Trade Organization; Trade Law; Emerging Markets; Country Strategy&Performance;
    All these keywords.

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