International Trade Dispute Resolution: Case Study on the Possibility of Kenya Utilizing the WTO Dispute Settlement System
Case Study
This study focuses on Kenya and the factors that influence the use of the WTO DSS. Among the issues examined are Kenya’s preparedness to invoke, proceed and defend disputes at the WTO DSS, and its capacity to engage in the process and the challenges of the DSU. Kenya’s industrial and manufactured products have been threatened by cheap and low quality products from the East, notably China and Japan, whose actions have bordered on dumping and violate the agreements against subsidies and countervailing measures. Furthermore, Egypt has been accused of circumventing the Rules of Origin by trans-shipping a number of industrial products for sale in the Kenyan market. Some of these measures have had the effect of hurting Kenya’s trade interests, threatening livelihoods and generally pushing most small- scale traders out of business. These issues and Kenya’s responses are addressed through a series of case studies within the paper.