Wto Dispute Settlement Mechanism And Developing Countries

The Memorandum of Agreement specifically refers to Countries in Development Members and predicts any special rules applicable to the disputes implicating a Country in Development Member. These rules predict a special and a various treatment go in spite of making all now object about the distinguished chapter which will permeate to examine a subject more detailed. It generally accepted that an existence even the system of disputes settlement multi lateral and compulsory it particularly advantageous for Countries in Development and small economies Members. A such system which the Members have also access and in which decisions are taken on the basis of Rules rather than on it of economic powerful, reinforces a position of Countries in Development and small economies permeating to the "weak" to struggle with equal arms against the "strong". In this view point, all judiciary system of execution of Laws benefit more to the weak than to the strong since the absence of such system, these last had always another ways to defend and impose their interest. This view point has sometimes been contested as being formal and theoretical. Nevertheless, it imports to make observing that in practice. In spite of these difficulties, the Countries in Development Members took an active part in the system of Disputes Settlement during eight last years.Since 1995, they have participated like complaint parts more the third one and like Defenders about two or five, of all disputes. They engage proceedings of disputes settlement against Countries Developed Members like against other Countries in Development Members. During 2001 year,75 percent of all complaints have been put down by Countries in Development Members. Nowadays, Countries in development Members haven't participated nor like complaint part nor like Defenders of disputes submitted to the World Trade Organization. A participation of Countries in Development Members in quality of third part is very frequent and brings a precious experience to the Members who are not regularly implicated in the procedures of disputes settlement.