Developing Countries in Dispute Settlement

In one line

The rules are the same for everybody, the cost of using them is not, and the remedy is worth nothing to an economy too small to retaliate.

In exam wording: the position of developing and least developed country members in WTO dispute settlement is governed by the special and differential provisions scattered through the DSU, by the constraints of cost and legal capacity, and by the structural asymmetry of a remedy that consists of withdrawing one's own concessions.

The special provisions, listed

They are scattered rather than collected, and a good answer names them in order.

Article 3.12: a developing country member complaining against a developed country member may invoke, as an alternative to Articles 4, 5, 6 and 12, the 1966 Decision, which provides an accelerated procedure with the Director-General offering good offices and a panel reporting within sixty days.

Article 4.10: during consultations members should give special attention to the particular problems and interests of developing country members.

Article 8.10: when a dispute is between a developing country member and a developed country member, the panel shall, if the developing country member so requests, include at least one panellist from a developing country member.

Article 12.10: in consultations, members shall give special attention to the particular problems and interests of developing country members, and the parties may agree to extend the consultation periods; a panel may accord a developing country respondent sufficient time to prepare and present its argumentation.

Article 12.11: where one or more of the parties is a developing country member, the panel report shall explicitly indicate the form in which account has been taken of relevant provisions on differential and more favourable treatment that the developing country member has raised.

Article 21.2: particular attention shall be paid to matters affecting the interests of developing country members with respect to measures which have been subject to dispute settlement.

Article 21.7: if the matter is raised by a developing country member, the DSB shall consider what further action might be appropriate.

Article 21.8: if the case is brought by a developing country member, in considering appropriate action the DSB shall take into account not only the trade coverage of the measures complained of but also their impact on the economy of the developing country members concerned.

Article 24: due restraint in raising matters against least developed country members and in seeking compensation or authorisation to retaliate from them, with good offices available from the Director-General or the Chairman of the DSB.

Article 27.2: the Secretariat shall make available a qualified legal expert from its technical cooperation services to any developing country member which so requests, in a manner ensuring the continued impartiality of the Secretariat.