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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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Enabling Developing Countries

Amrita Bahri


Two key observations inform and pervade through the guidelines proposed in the previous chapter. First, the dispute settlement experiences examined in this work reinstate the claim that the participation problems that developing countries face at WTO DSU are embedded in their domestic conditions and, hence, the participation challenges should be addressed at the domestic level. In other words, findings exhibit that effective dispute settlement procedures employed at the domestic level can strengthen the WTO Member States’ capacity to litigate and defend trade disputes at WTO DSM. Second, the engagement of affected industries during the management of trade disputes is a crucial enabling element for the protection and enforcement of WTO rights, and therefore the developing country governments should handle WTO disputes in close coordination with the affected industries.

The abovementioned observations are confirmed by investigating three central issues: (i) how governments can manage disputes by engaging the affected private stakeholders; (ii) how governments can engage the affected private stakeholders for capacity building; (iii) how governments can overcome the impediments they may face during the formation and functioning of dispute settlement partnerships. An investigation of these issues provided a detailed account of how China, Brazil and India have strengthened their DSU participation with the help of dispute settlement partnerships.

Dispute settlement partnerships have enabled the governments to identify and investigate barriers, consult and negotiate settlements, and litigate and defend cases at WTO. On the other hand, PPP arrangements have enabled private sector entities, and the representatives acting...

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