Concers of developing countries in dispute settlement mechanism of WTO
Dr. Humayun Rasheed Khan
A critical part of any enforcement mechanism is an effective system to resolve disputes over what the rules mean and whether they have been broken in a specific case. Whether there is equitable participation of strong, weak, big, small, northern and southern member countries or not? Whether the mechanism is able to inspire confidence of all member countries or not? The history of dispute settlement system of WTO shows that although there has been considerable participation of developing countries in the dispute settlement during last more than two decades of its functioning yet there are several reasons causing obstruction to greater participation of some of the developing countries and least developed countries, prominent amongst them are high litigation cost, instances of bias and failure in implementation. This paper raises key questions as to the failure in implementing decisions and its effect on the institutional mechanism, examines the causes for lower participation of developing countries and proposes measures to bring necessary equilibrium in the adjudicatory body of World Trade Organization.