Problems Of Developing Country Access To WTO Dispute Settlement

Although the WTO dispute settlement mechanism had a large number of success storiesin the past practice, and indeed for the good functioning of the multilateral trading system ofthe entire world provides a strong guarantee. From the perspective of the developing countries,when they use the WTO dispute settlement mechanism to resolve international trade disputes,there are many problems. So what are the problems in the participation of developingcountries access to the WTO dispute settlement mechanism? How the WTO disputesettlement mechanism should be better protect and safeguard the interests of developingcountries? The WTO dispute settlement mechanism should be how to reform? Developingcountries and what efforts need to be made to the effective use of the WTO dispute settlementmechanism to pursue the interest of their own country? These are worthy of further analysisand research. This article will make comprehensive use of the methods of historical analysis,comparative analysis of the methods and literature divided into four parts to explore this issue,in addition to the introduction and conclusion.The first part, the participation of developing countries in the WTO Dispute SettlementMechanism. In this section will be divided into two parts, the first, a brief summary of thebasic data for the participation of developing countries in the WTO dispute settlementmechanism. Second, from a variety of data to analyze the characteristics of the participationof developing countries in the WTO dispute settlement mechanism, especially compared withdeveloped countries, come to developing countries compared to developed countries failed toeffectively use the WTO dispute settlement mechanism to protect their own interests.The second part discusses the main issues of the participation of developing countries inthe WTO dispute settlement mechanism. This part of the discourse divided into three partsaccording to the stage of the litigation. Discusses the pre-litigation problem. For example, thepre-litigation costs are too high, the developing countries lack the government to resort to theWTO program mechanisms to activate the political difficulties encountered by the WTO dispute settlement mechanism. Second, the issue in the litigation. For example, the limitedlegal capacity of developing countries, and developing countries special and differentialtreatment provisions in the DSU defects that do not promote developing countries to activelyuse the WTO dispute settlement mechanism. Third, discusses the implementation of theoutcome of the proceedings. Developing countries with limited political and economicstrength would seriously affect the implementation of the outcome of the proceedings.The third part discusses the reform of the WTO dispute settlement mechanism. Discussesthe reform of the WTO dispute settlement mechanism, mainly from the establishment of afact-finding mechanism in the WTO dispute mechanism, the compensation mechanism, theestablishment of small-scale trade, strengthen assistance to developing countries, and theimplementation of special and differential treatment provisions for developing countries todiscourse.The fourth part discusses developing countermeasures to be taken. This part is mainlyfrom the domestic legal system, improve the developing countries to speed up the legalprofessionals cultivate their full use of the assistance of the WTO Secretariat and ACWL (TheAdvisory Centre on WTO Law), the establishment of public-private partnerships, and activelyto the third-party identity involved in several aspects of the WTO dispute settlementmechanism to discourse. Ultimately hope these measures to better safeguard the interests ofdeveloping countries in the WTO dispute settlement mechanism.