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Journal of International Economic Law Advance Access originally published online on May 11, 2006
Journal of International Economic Law 2006 9(2):427-453; doi:10.1093/jiel/jgl013
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Journal of International Economic Law Vol. 9 No. 2 © Oxford University Press 2006, all rights reserved

Africa in the First Decade of WTO Dispute Settlement

Victor Mosoti*

* Legal Officer, Development Law Service, Legal Office, United Nations Food and Agriculture Organization, Rome, Italy. E-mail: victor.mosoti{at}fao.org.

African countries have largely been absent as players at the WTO dispute settlement system in its first decade. In recent literature, this has been attributed to a number of factors, among them, the low volume of trade with an export base often characterized by single unprocessed commodities, a complicated and expensive dispute settlement system, inadequate legal expertise and a less litigious approach to possible disputes particularly when major trading and donor partners are involved. By showing how and to what extent African countries have participated in GATT and WTO disputes, as well as in the DSU review negotiations and other related processes, the present article argues that this weak participation by large sections of the WTO membership is a danger to the long-term "predictability" function of the WTO, and could undermine the usefulness of the entire process eventually. It closes with various proposals on how the problem may be addressed.


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