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Public Private Partnership for WTO Dispute Settlement

Enabling Developing Countries

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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Chapter 5: Handling of WTO disputes: Brazil’s experience

Enabling Developing Countries

Amrita Bahri

Extract

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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