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Conclusion

Enabling Developing Countries

Amrita Bahri

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Amrita Bahri

Chapter 1 provides a conceptual background on the WTO DSU participation benefits, the participation challenges that developing countries face at WTO DSU, and how these challenges can be overcome. In doing so, it outlines various capacity-building solutions that can be employed at the international and domestic levels, with a special focus on strategies that can be employed at the domestic level. The focus of this chapter is to provide an overview of how disputes can be handled effectively at the domestic level in order to improve the performance and participation of developing countries at WTO DSU.

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Amrita Bahri

Deriving lessons from the dispute settlement experiences of the selected developed and developing countries discussed in the preceding chapters, Chapter 7 explores the possibilities of engaging the private sector in the intergovernmental process of dispute management, the elements required for government-industry coordination, the possible methods of coordination, and the reforms needed to ensure the predictability of the rules and procedures governing the reciprocal exchange of resources. In doing so, it outlines and examines the important issues and elements that should be considered by a developing country that is aspiring to enhance its dispute settlement capacity through the PPP approach.

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Handling of WTO disputes: Brazil’s experience

Enabling Developing Countries

Amrita Bahri

Chapter 5 examines the formal and informal capacity-building strategies that Brazil has employed to manage foreign trade disputes with a coordinated approach. An examination and review of the ‘semi-formal’ or ‘imperfectly informal’ form of dispute settlement partnership in Brazil makes this chapter an indispensable part of this book as it introduces readers to a different form of partnership system. By analysing the characteristics, weaknesses and the capacity-building potential of a PPP approach that is not based on a system of ‘rights and obligations’, Chapter 5 expands the horizons of this investigative work. In particular, this chapter provides readers with answers to the following pertinent questions: 1. How has Brazil established a ‘semi-formal’ form of dispute settlement partnership system? 2. How is this system different from the ones examined in the previous chapters? 3. How have the industries and the government in Brazil, in practice, coordinated during the management of trade disputes? 4. Which features of its PPP system have cost-effectively enhanced Brazil’s dispute settlement capacity, and which ones have been ineffective or problematic? Can other developing countries learn anything from the Brazilian dispute settlement partnership experience?

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Handling of WTO disputes: China’s experience

Enabling Developing Countries

Amrita Bahri

Chapter 4 provides readers with an analysis of different dispute settlement strategies employed by the government and industries in China. The combination of China’s expanding foreign trade, its developing nature, the evolution of its dispute management approach and the legal and institutional transformations it has undergone to enforce its WTO rights has made China a very interesting case study from the perspective of this book. The chapter provides readers with answers to the following pertinent questions: 1. How has China strengthened its WTO DSU participation? 2. What have been the benefits of engaging the private sector in the intergovernmental process of WTO dispute settlement? 3. What has been the nature and extent of dispute settlement partnership arrangements formed in China? In other words, how have the industries and the government exchanged resources during the management of trade disputes? 4. Are there any problems with China’s dispute management approach that might impede the formation and functioning of effective PPP arrangements? If so, what are these problems? Which features have cost-effectively enhanced China’s dispute settlement capacity, and which ones have been ineffective or problematic? Can any of its capacity-building features be viably considered by other developing countries?

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Handling of WTO disputes: India’s experience

Enabling Developing Countries

Amrita Bahri

Chapter 6 reviews and analyses the characteristics, weaknesses and capacity-building potential of India’s purely informal and ad hoc PPP approach. The findings provided in this chapter are almost exclusively based on empirical research conducted by the author. Hence, its readers benefit from the first-hand insights received from the public and private sector officials directly involved in the handling of WTO disputes. The chapter also provides readers with answers to the following pertinent questions: 1. Do the public sector institutions in India engage industries in the handling of trade disputes? 2. How is the nature of government-industry partnership in India different from the partnerships examined in the previous chapters? 3. In practice, how and to what extent have the industries and the government worked together for the better management of trade disputes? 4. Which features of its PPP system have cost-effectively enhanced India’s dispute settlement capacity, and which ones have been ineffective or problematic? 5. Can other developing countries learn anything from India’s dispute settlement partnership experience?

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Amrita Bahri

Chapter 3 deals with the dispute settlement partnership experiences of the two most active users of WTO DSU: the US and the EU. The importance of this chapter stems from the fact that both the US and the EU enjoy a wealth of dispute settlement partnership experience, so much so that they can truly be considered as the leaders of the dispute settlement partnership approach. They have established a massive set-up for public-private interaction during dispute settlement, which can be considered in principle as a ‘formal’ partnership mechanism because it is built on a system of legal ‘rights and obligations’. The US and the EU are therefore important examples useful for understanding and examining the benefits and weaknesses of a formalised PPP arrangement as against an informal one.

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Amrita Bahri

Public Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU).
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Amrita Bahri

Chapter 2 provides a conceptual framework to the book. By identifying, describing and analysing the important concepts and issues, the chapter seeks to prepare a benchmark against which the theoretical and empirical findings presented in the following chapters should be assessed and analysed by readers. Most importantly, it conceptualises PPP in the context of WTO DSM as it puts forward the dispute settlement partnership approach as one of the key in-house strategies that can produce positive capacity-building results in developing countries.