Developing Countries View of the WTO: 20 Years of Judicial Arbitration (1995-2015)

Abstract

Establishing a genuine and effective system to settle disputes through ministerial conferences is an essential point of progress for developing countries. Such a system would mean these states– and Arab countries in particular – would defend their rights based on a legal rather than economic basis. This paper argues that developing countries’ inability to benefit fully from the advantages of a dispute settlement system poses an essential and fundamental problem. It shows how the World Trade Organization’s dispute settlement system has failed to become an effective tool in the hands of developing countries to repair imbalances resulting from unequal economic relations between countries. It then asks why developing countries – including Arab countries – have taken part in this system. It examines the root cause of this participation, asking wither it is due to subjective factors such as limited contribution in WTO or the lack of specialized national talents? Or objective obstacles that the system places before developing countries, especially in terms of long and demanding procedures, as well as the nature of the implementation process. The paper encourages a reconsideration of the system in order to keep it in line with the positions and potentials of developing countries. In its approach, this paper adopts analysis at two levels; the first looking into the outcome of the participation of developing countries in dispute settlement, and the second a reading of plans to reform the structures of the system.