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WTO Working Papers

WTO working papers usually represent research in progress. Such research may be conducted in the preparation of WTO Secretariat reports, studies or other material for WTO members. The papers are circulated for comment because the WTO considers critical review of professional research to be extremely important.

English

Use of the WTO Trade Dispute Settlement Mechanism by the Latin American Countries

Dispelling Myths and Breaking Down Barriers

The WTO's Dispute Settlement Mechanism (DSM) has been hailed as a fundamental aspect of the Multilateral Trading System for developing countries. At the same time developing countries face many challenges to ensure their effective participation in the mechanism. This paper presents statistical evidence of how Latin-American countries have been very active in their use of the DSM, especially when their use of the mechanism is compared to their participation in world trade. This paper also analyses why, to a large extent, Latin American countries have overcome the challenges of participating in the DSM; and have done so by coming up with innovative and creative solutions, without deviating from the guidelines established by WTO rules.

English

Keywords: negotiations, retaliation, Latin-America, consultations, panel, litigation, Dispute settlement, challenges, participation
JEL: K42: Law and Economics / Legal Procedure, the Legal System, and Illegal Behavior / Illegal Behavior and the Enforcement of Law; F13: International Economics / Trade / Trade Policy; International Trade Organizations; K41: Law and Economics / Legal Procedure, the Legal System, and Illegal Behavior / Litigation Process; F53: International Economics / International Relations, National Security, and International Political Economy / International Agreements and Observance; International Organizations; K33: Law and Economics / Other Substantive Areas of Law / International Law; F51: International Economics / International Relations, National Security, and International Political Economy / International Conflicts; Negotiations; Sanctions
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