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The challenges of WTO law: strategies for developing country adaptation

Published online by Cambridge University Press:  16 May 2006

GREGORY SHAFFER
Affiliation:
University of Wisconsin Law School, UW European Union Center, UW Center on World Affairs and the Global Economy (WAGE)

Abstract

Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges as constraints of law, money, and politics. This article explores various strategies for responding to these challenges, none of which involves a modification of the rules of the WTO's Dispute Settlement Understanding.

Type
Research Article
Copyright
© Gregory Shaffer

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