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The WTO Dispute Settlement Mechanism (DSM), highly improved on its process rules and legal rulings than the GATT DSM, is the cornerstone of the WTO. In recent years, developing countries are gradually involved into the world trading system, protecting their trade benefits and promoting their economic development. The use of DSM by developing countries has gradually become an important issue among WTO members.
This paper will explore the impacts of the DSM upon developing countries by examining how DSM can protect trade benefits of developing countries under the WTO agreements. This paper examined some relevant agreements to the DSM and developing countries, analyzed statistical data with dispute cases since the establishment of WTO, and studied three dispute settlement cases relevant to developing countries. This paper used "the contextual approach" as the main research method, including literature review, historical approach, statistical analysis, and case study.
This paper found that DSM could protect the trade benefits of developing countries under the WTO agreements. But due to the limited financial, human resources and legal expertise alike, developing countries cannot be fully benefited from DSM. This paper thus recommends developing countries should constitute then-legal and economic structure, develop their ability on DSM, and strengthen their skills using DSM in order to use DSM more effectively. |