Access to Justice in International Trade with Particular Focus on Developing & Least Developed Members in WTO

Abstract

In this thesis I have examined theoretical and legal rationale for the reforms in World Trade Organization Dispute Settlement Understanding (WTO DSU). There is a dire need of reforms since investor state arbitration is failing. WTO DSU could be reformed in a way whereby all corporate entities private, public etc are allowed to access justice in international trade under the auspices of WTO, regardless of the pre requisite to be a member state and under WTO covered agreement. My particular focus remained on developing and least developed countries (LDC) since they are most disappointed, also it highlights the deficiencies in existing WTO DSU. Therefore, if their concerns are addressed then all corporate entities of WTO member states could also access justice equally and fairly.Firstly, I investigated the failures of investor-state arbitration. Secondly I have identified special and differential treatment provisions (SDTs), which are applicable in all stages of WTO DSU. Thirdly, I have provided the contrast in domestic systems of developing/LDC members and developed members European Union (EU) and United States of America (USA). I have mentioned that developing and LDC members have to develop legal infrastructure similar to EU and USA as only this way they can participate in the system effectively. Fourthly, I apprised about some of the most important proposals of developing and LDC members, which are normative in nature and appear very reasonable. As in most cases they demand clarity in the existing terms of WTO DSU. Yes, capacity building i.e, intellectual, financial and legal is a challenge but it always remained on WTO agenda.I Concluded by suggesting that reform is possible on the grounds that WTO DSU is outside the scope of single undertaking, moreover, para 44 of Doha Declaration points that positive reform in SDTs will be encouraged. The Committee on Trade is also asked to find ways to improve effect of SDTs. The Trade Facilitation Agreement coming into force in 2017, suggests that improvement and reform in WTO DSU is likely.