| The focus of this thesis is the dispute settlement mechanism under the World Trade Organization (hereinafter, WTO). It is argued that certain features of the WTO Dispute Settlement Mechanism (hereinafter, DSM) hinder equal and effective participation by developing countries. These limiting feature are in the areas of remedies and enforcement mechanisms provided under the DSM, third party rights and intervention, and non-participation by private parties in international trade dispute settlement under the WTO. Deficiencies in remedies and enforcement mechanisms provided under the WTO DSM prevent developing countries from enforcing compliance with WTO rules. Third party intervention and rights in the dispute settlement process are severely limited. Excluding private participation from the process opens the system to political interferences that play to the disadvantage of developing countries. It is argued that to ensure equal participation in the DSM calls for strengthening the present DSM under the WTO.; To sustain a more judicial oriented dispute settlement mechanism under the WTO calls for strengthening alternative mechanisms---consultation, mediation, conciliation, and arbitration---for dispute settlement under the WTO. It is, therefore, argued that there is also the need to strengthen existing alternative dispute settlement processes under the WTO. |
