Africa Dialogue on WTO Dispute Settlement and Sustainable Development: Exploring Strategies to Enhance the Participation of Developing Countries in WTO Dispute Settlement
Description
Since the creation of the World Trade Organization in 1994, the dispute settlement system has become significantly more legalized and consequently more complex. This, in turn, has raised the demands on the capacity of WTO Members, especially poorer developing countries, interested in accessing the system. Countries therefore face greater challenges if they are to realize the gains from the multilateral trading system through the use of its dispute settlement system. In practice, only roughly a third of the membership, with a heavy bias on developed countries and so-called strong developing countries, have litigated before the WTO. The question therefore arises: What does greater legalization of the WTO dispute settlement system mean for WTO Members? In particular, how might developing countries be better enabled to advance their trade rights and interests, as well as defend these, under the dispute settlement system?
As a contribution to this debate, ICTSD’s program on WTO Dispute Settlement and Developing Countries (DSU programme) launched a series of dialogues with the overarching objective to explore strategies to enhance the participation of developing countries in the WTO dispute settlement system where the need arises. With an aim to strengthen developing countries’ understanding of the options and potential strategies for advancing their trade objectives and defending their trade rights through the dispute settlement system, the conferences seek to provide a platform for dialogue between various stakeholders including government officials, private practitioners and academia.
The main objectives of the dialogue is to:
1. Provide an opportunity / platform for dialogue between governmental and other ministry officials and representatives from the private sector and civil society to share experiences and compare and assess strategies as to how to make better use of the WTO dispute settlement system. These strategies include the formation of public-private networks, the pooling of resources, as through regional centres, use of the WTO Advisory Centre and private counsel, and networking with academics and policy institutes.
2. Promote enhanced analytical capacity with respect to the WTO dispute settlement system and the Dispute Settlement Understanding (DSU) among developing country public officials, private sector representatives and academics.
3. Explore new strategies and avenues to develop and enhance intergovernmental as well as private-public coordination and cooperation.
4. Support, over time, a sustained network of developing country public and private representatives.
The first of these dialogues, for Asia, was held in Indonesia in January 2006, and the second, for South America, was convened in Brazil in June 2006.
Participants
Arsene Omichessan, Permanent Mission of Benin to the WTO, Geneva - Benin
Clement Ng’ong’ola, Professor, Department of Law, University of Botswana - Botswana
Evangelist Loago Raditedu Executive Director, Exporters Association of Botswana - Botswana
Ricardo Melendez-Ortiz, Chief Executive, ICTSD - Colombia
Knirie Sogaard Programme Officer, DSU and Legal Issues, ICTSD - Denmark
Kofi Addo International Policy Advisor, UNDP, Mongolia - Ghana
Roselyn Amadi, Senior Deputy Chief State Counsel, Member National Committee on WTO State Law, Attorney General’s Chambers - Kenya
Serah Kimani Fellow, WTO related issues in African, Caribbean & Pacific (ACP) Countries, ILEAP - Kenya
David Nalo, Permanent Secretary, Ministry of Trade and Industry - Kenya
Elijah Manyara Deputy Director, External Trade, Minister for Trade and Industry - Kenya
Henry Mutai, Professor, Department of Commercial Law, School of Law, Moi University - Kenya
Ouma Ochieng Executive Director, CITIL - Kenya
Richard Onchuru, Program Officer, CITIL - Kenya
Sadwick Mtonakutha Malawi Confederation of Chambers of Commerce and Industry - Malawi
Abdoulay Sanoko, Permanent Mission of Mali to the WTO, Geneva - Mali
Usha Dwarka Canabady, Ambassador, Ministry of Foreign Affairs, WTO panellist - Mauritius
Paul Kalenga, Trade Policy Adviser, SADC Secretariat - Namibia
Inye Briggs, External Trade Department, Federal Ministry of Commerce - Nigeria
Johannes Bernabe Program Coordinator, DSU & Trade in Services, ICTSD - Philippines
El Hadji Diouf Program Officer African Issues, ICTSD - Senegal
Lambert Botha International Trade Advisor, South African Agricultural Processors Association - South Africa
Gustav Brink, Brindis Remedies t/a Trade Remedies Unlimited; Associate, Tralac - South Africa
Robert Wilson Capacity Building Manager, Tralac - South Africa
Mike Matsebula, CEO, Swaziland Sugar Association - Swaziland
Massawa Nicodemus Anandze, Chairman, Tanzania Chamber of Commerce, Industry and Agriculture, Regional Chamber - Tanzania
Anyinge Jacinta, Uganda Law Reform Commission - Uganda
Julius Moto Trade Officer, Eastern Africa Farmers Federation (EAFF) - Uganda
Sheila Sabune, Permanent Mission of Uganda to the WTO, Geneva - Uganda
Petina Gappah, Council, Advisory Centre on WTO Law, Geneva - Zimbabwe
Daniel Crosby, White and Case, Geneva - United States
Gregory Shaffer, Wing Tat-Lee Chair, International Law, Loyola University, Chicago School of Law - United States