Africa Dialogue on WTO Dispute Settlement and Sustainable Development: Exploring Strategies to Enhance the Participation of Developing Countries in WTO Dispute Settlement


WTO Rights & Obligations: Africa’s Strategic Application of the Golden Rule 0.66 MB Access To Justice in the WTO PDF  •  1.83 MB Africa’s Participation in Context: Overview, trends and impacts 0.04 MB African Countries and the WTO Negotiations on the Dispute Settlement Understanding PDF  •  0.14 MB Brazil’s Response to the Judicialized WTO Regime:Strengthening the State through Diffusing Expertise, PDF  •  0.31 MB Chile’s Participation in the Dispute Settlement System: Impact on Capacity Building PDF  •  0.3 MB Compliance and Remedies against Non Compliance under the WTO System: toward a more Balanced Regime for All Members PDF  •  0.59 MB Egypt’s Challenges and Future Options for Participating in the WTO Dispute Settlement System PDF  •  0.19 MB International Trade Dispute Resolution: Case Study on the Possibility of Kenya Utilizing the WTO Dispute Settlement System PDF  •  0.09 MB International Trade Dispute Resolution: Lessons From South Africa 0.05 MB Involvement of the Private Sector in the WTO Dispute Settlement Process: Participation of the Swaziland Sugar Industry in the EC Sugar Subsidies Case PDF  •  0.05 MB DSM 4 EU-ACP EPAS 0.21 MB Navigating the Dispute Settlement Understanding (DSU): How Benin took on the challenges in cotton? PDF  •  0.03 MB Agenda PDF  •  0.07 MB

Description

Since the creation of the World Trade Organization in 1994, the dispute settlement system has become significantly more legalized and consequently more complex. This, in turn, has raised the demands on the capacity of WTO Members, especially poorer developing countries, interested in accessing the system. Countries therefore face greater challenges if they are to realize the gains from the multilateral trading system through the use of its dispute settlement system. In practice, only roughly a third of the membership, with a heavy bias on developed countries and so-called strong developing countries, have litigated before the WTO. The question therefore arises: What does greater legalization of the WTO dispute settlement system mean for WTO Members? In particular, how might developing countries be better enabled to advance their trade rights and interests, as well as defend these, under the dispute settlement system?

As a contribution to this debate, ICTSD’s program on WTO Dispute Settlement and Developing Countries (DSU programme) launched a series of dialogues with the overarching objective to explore strategies to enhance the participation of developing countries in the WTO dispute settlement system where the need arises. With an aim to strengthen developing countries’ understanding of the options and potential strategies for advancing their trade objectives and defending their trade rights through the dispute settlement system, the conferences seek to provide a platform for dialogue between various stakeholders including government officials, private practitioners and academia.

The main objectives of the dialogue is to:

1. Provide an opportunity / platform for dialogue between governmental and other ministry officials and representatives from the private sector and civil society to share experiences and compare and assess strategies as to how to make better use of the WTO dispute settlement system. These strategies include the formation of public-private networks, the pooling of resources, as through regional centres, use of the WTO Advisory Centre and private counsel, and networking with academics and policy institutes.
2. Promote enhanced analytical capacity with respect to the WTO dispute settlement system and the Dispute Settlement Understanding (DSU) among developing country public officials, private sector representatives and academics.
3. Explore new strategies and avenues to develop and enhance intergovernmental as well as private-public coordination and cooperation.
4. Support, over time, a sustained network of developing country public and private representatives.

The first of these dialogues, for Asia, was held in Indonesia in January 2006, and the second, for South America, was convened in Brazil in June 2006.

Participants

Arsene Omichessan, Permanent Mission of Benin to the WTO, Geneva - Benin

Clement Ng’ong’ola, Professor, Department of Law, University of Botswana - Botswana

Evangelist Loago Raditedu Executive Director, Exporters Association of Botswana - Botswana

Ricardo Melendez-Ortiz, Chief Executive, ICTSD - Colombia

Knirie Sogaard Programme Officer, DSU and Legal Issues, ICTSD - Denmark

Kofi Addo International Policy Advisor, UNDP, Mongolia - Ghana

Roselyn Amadi, Senior Deputy Chief State Counsel, Member National Committee on WTO State Law, Attorney General’s Chambers - Kenya

Serah Kimani Fellow, WTO related issues in African, Caribbean & Pacific (ACP) Countries, ILEAP - Kenya

David Nalo, Permanent Secretary, Ministry of Trade and Industry - Kenya

Elijah Manyara Deputy Director, External Trade, Minister for Trade and Industry - Kenya

Henry Mutai, Professor, Department of Commercial Law, School of Law, Moi University - Kenya

Ouma Ochieng Executive Director, CITIL - Kenya

Richard Onchuru, Program Officer, CITIL - Kenya

Sadwick Mtonakutha Malawi Confederation of Chambers of Commerce and Industry - Malawi

Abdoulay Sanoko, Permanent Mission of Mali to the WTO, Geneva - Mali

Usha Dwarka Canabady, Ambassador, Ministry of Foreign Affairs, WTO panellist - Mauritius

Paul Kalenga, Trade Policy Adviser, SADC Secretariat - Namibia

Inye Briggs, External Trade Department, Federal Ministry of Commerce - Nigeria

Johannes Bernabe Program Coordinator, DSU & Trade in Services, ICTSD - Philippines

El Hadji Diouf Program Officer African Issues, ICTSD - Senegal

Lambert Botha International Trade Advisor, South African Agricultural Processors Association - South Africa

Gustav Brink, Brindis Remedies t/a Trade Remedies Unlimited; Associate, Tralac - South Africa

Robert Wilson Capacity Building Manager, Tralac - South Africa

Mike Matsebula, CEO, Swaziland Sugar Association - Swaziland

Massawa Nicodemus Anandze, Chairman, Tanzania Chamber of Commerce, Industry and Agriculture, Regional Chamber - Tanzania

Anyinge Jacinta, Uganda Law Reform Commission - Uganda

Julius Moto Trade Officer, Eastern Africa Farmers Federation (EAFF) - Uganda

Sheila Sabune, Permanent Mission of Uganda to the WTO, Geneva - Uganda

Petina Gappah, Council, Advisory Centre on WTO Law, Geneva - Zimbabwe

Daniel Crosby, White and Case, Geneva - United States

Gregory Shaffer, Wing Tat-Lee Chair, International Law, Loyola University, Chicago School of Law - United States