Book contents
- Frontmatter
- Contents
- Preface
- List of Cases
- List of Statutes and International Agreements
- Abbreviations
- Acknowledgements
- Introduction
- Chapter One The WTO and the Rules-Based System
- Chapter Two Development and the WTO Approach
- Chapter Three Developing Country Integration
- Chapter Four Judicial Review of the Development Question
- Chapter Five The Way Forward: Multilateral Co-Operation and Internal Reform
- Conclusion
- Appendix (Selected Case Study): Obligations and Challenges Under the WTO Agreement on Sanitary and Phytosanitary Standards
- Notes
- Bibliography
- Index
Chapter Four - Judicial Review of the Development Question
- Frontmatter
- Contents
- Preface
- List of Cases
- List of Statutes and International Agreements
- Abbreviations
- Acknowledgements
- Introduction
- Chapter One The WTO and the Rules-Based System
- Chapter Two Development and the WTO Approach
- Chapter Three Developing Country Integration
- Chapter Four Judicial Review of the Development Question
- Chapter Five The Way Forward: Multilateral Co-Operation and Internal Reform
- Conclusion
- Appendix (Selected Case Study): Obligations and Challenges Under the WTO Agreement on Sanitary and Phytosanitary Standards
- Notes
- Bibliography
- Index
Summary
Addressing the Development Objective in Settling Trade Disputes
In the preceding chapters we have examined development in the context of the rules, the implementation, the challenges, and the initiatives adopted by the WTO. But the issue has not been left out of the dispute settlement process of the WTO. Particularly in the course of judicial review, the concept and how it is interpreted, indeed to what extent it is acknowledged, is fundamental to the perception of the WTO as an Organisation for development through trade.
Some developing country Member States have not been entirely satisfied that the dispute settlement process has furthered the development objective. They are not convinced that the DSB has always interpreted developing country domestic policies from a development perspective. They have expressed the view that ‘the Panels and Appellate Body have displayed an excessively sanitised concern with legalisms, often to the detriment of the evolution of a development-friendly jurisprudence’. To counter this perception, Qureshi first engaged in a careful study of several disputes which have centred on the development question. He subsequently opined that the development question ‘needs to be factored in at the level of drafting WTO Agreements; institutionalised in the very process of interpreting WTO Agreements; engineered in actual interpretations of WTO Agreements; and facilitated through the introduction of development friendly material in the judicial process’.
Some efforts have been undertaken at Secretarial level to facilitate developing country utilisation of the dispute settlement mechanism.
- Type
- Chapter
- Information
- The WTO and its Development ObligationProspects for Global Trade, pp. 107 - 132Publisher: Anthem PressPrint publication year: 2010