Participation of African member states in the World Trade Organization dispute settlement mechanism Online publication date: Thu, 01-Jan-2009
by Z. Ntozintle Jobodwana
International Journal of Private Law (IJPL), Vol. 2, No. 2, 2009
Abstract: The WTO Dispute Settlement Understanding (DSU) is viewed as one of the success stories under the WTO. However, the participation of African member states in the DSU system has been minimal, and that is attributed to, among other things, lack of human capital, material costs of accessing the dispute settlement system and concerns about the quality of remedies available. Current negotiations under the Doha Development Round address some of these problems. The African Group representing African member states have presented their own proposals for reforms. A robust engagement by the African Group in current negotiations is advocated. Such intervention will contribute to the overall WTO jurisprudence whose interpretations will be sensitive to Africa's developmental needs. Other tentative recommendations are suggested, especially that suggesting the relocation of WTO headquarters to a suitable venue in Africa where the majority of LDCs are found. Such relocation will have trade related beneficial effects.
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