Egypt’s Challenges and Future Options for Participating in the WTO Dispute Settlement System
Case Study
In spite of its uniqueness and its widely recognized efficacy, the WTO Dispute Settlement System (DSS) has largely failed in its ten-year working period to address the needs of developing and least developed countries, especially in Africa. Except for Brazil and India, which have used the system extensively and erected the right institutions for that purpose, with the exception of a few stand-alone cases, developing countries have hardly made adequate use of the system. The fact is that the less countries are integrated in the trading system, the lower their perceived relevancy of the DSS. This is best shown through the African countries’ experience with the system, which is extremely modest and timid. African countries, in spite of their strong and rightful case in cotton, have shied away from going to litigation and using the DSS to their advantage.
This paper investigates the challenges facing developing countries hindering their participation in the DSS with special emphasis on Egypt. A brief institutional overview of how Egypt addresses international trade issues shows a relatively feeble engagement in WTO matters, of which knowledge remains highly concentrated with government officials. The absence of an engaged Egyptian private sector, weak public-private partnership and lack of sufficient awareness impact negatively on the use of WTO DSS. The capacity and ability of Egypt to make effective use of the DSS when its trade interests and rights are at stake is being scrutinized and highly questioned.
Finally, a section on the ‘Way Forward’ suggests a number of practicable and viable measures for Egypt to take at various levels: educational, academia, governmental, media, private sector (law firms, private traders), to civil society (think tanks, NGOs).