- Title Pages
- Preface
- Acknowledgments
- Dedication
- List of Tables and Figures
- Table of Cases
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Conventions and Treaties
- List of Abbreviations
- Introduction
- I DEVELOPMENT AND ITS INSTITUTIONS IN INTERNATIONAL ECONOMIC LAW: WHO DECIDES WHAT DEVELOPMENT MEANS?
- 1 The Multiple Meanings of Development
- 2 The Contribution of International Organizations to Development Policy-Making
- II FRAMING DEVELOPMENT AT THE GATT AND WTO
- 3 The Trade and Development Relationship during the GATT Years and the Genesis of the WTO
- 4 “Developing Member” and Least-Developed Country Status at the GATT and WTO: Self-Designation versus the Politics of Accession
- 5 From the Uruguay Round to the Doha Round: Changing Dynamics in Developing Countries’ Participation
- III UNDERSTANDING AND CONTEXTUALIZING WTO DEVELOPMENT PROVISIONS
- 6 Special and Differential Treatment in the WTO Agreements: A Legal Analysis
- 7 Invoking Development in Dispute Settlement
- 8 Reconsidering Special and Differential Treatment in the Global Context
- 9 Institutional Processes: What Impact on Developing Members?
- IV RETHINKING THE TRADE AND DEVELOPMENT RELATIONSHIP AT THE WTO
- 10 The Doha Round: Chronicle of a Death Foretold?
- 11 Strategic Challenges to Integrating Development at the WTO
- 12 Towards Development-Oriented Rules at the WTO: Some Proposals
- Conclusion
- Bibliography
- Index
Invoking Development in Dispute Settlement
Invoking Development in Dispute Settlement
- Chapter:
- (p.139) 7 Invoking Development in Dispute Settlement
- Source:
- Development at the World Trade Organization
- Author(s):
Sonia E. Rolland
- Publisher:
- Oxford University Press
Developing countries have been complainants in over 150 disputes, respondents in close to 140 cases and have participated as third parties in over 530 instances. They have made arguments relating to development or to Special and Differential Treatment (SDT) in over 60 cases since 1947. As a result there is a significant body of legal analysis that informs the WTO's understanding of trade and development, usually in reference to SDT provisions. This chapter identifies trends in panels and AB analysis on SDT to help developing country litigants to devise more effective litigation strategies and better position their arguments. It also identifies some recurrent blind angles of adjudicators (panelists, AB members, and arbitrators) and proposes some evolutions in the understanding of the provisions.
Keywords: litigation, dispute settlement understanding, DSU, SDT, special and differential treatment, trade preferences, best efforts, participation, retaliation, enforcement, compliance, implementation, development, procedure
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- Title Pages
- Preface
- Acknowledgments
- Dedication
- List of Tables and Figures
- Table of Cases
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Conventions and Treaties
- List of Abbreviations
- Introduction
- I DEVELOPMENT AND ITS INSTITUTIONS IN INTERNATIONAL ECONOMIC LAW: WHO DECIDES WHAT DEVELOPMENT MEANS?
- 1 The Multiple Meanings of Development
- 2 The Contribution of International Organizations to Development Policy-Making
- II FRAMING DEVELOPMENT AT THE GATT AND WTO
- 3 The Trade and Development Relationship during the GATT Years and the Genesis of the WTO
- 4 “Developing Member” and Least-Developed Country Status at the GATT and WTO: Self-Designation versus the Politics of Accession
- 5 From the Uruguay Round to the Doha Round: Changing Dynamics in Developing Countries’ Participation
- III UNDERSTANDING AND CONTEXTUALIZING WTO DEVELOPMENT PROVISIONS
- 6 Special and Differential Treatment in the WTO Agreements: A Legal Analysis
- 7 Invoking Development in Dispute Settlement
- 8 Reconsidering Special and Differential Treatment in the Global Context
- 9 Institutional Processes: What Impact on Developing Members?
- IV RETHINKING THE TRADE AND DEVELOPMENT RELATIONSHIP AT THE WTO
- 10 The Doha Round: Chronicle of a Death Foretold?
- 11 Strategic Challenges to Integrating Development at the WTO
- 12 Towards Development-Oriented Rules at the WTO: Some Proposals
- Conclusion
- Bibliography
- Index
