WTO분쟁해결절차에 있어서 개발도상국의 참여 활성화 방안

Improving Developing Country Members' Participation in WTO Dispute Settlement

Since the establishment of the World Trade Organization, the adoption of the 'Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)' has enhanced the legitimacy of the WTO dispute settlement system, conferring impartial mechanism through which members could settle their disputes. The WTO dispute settlement system is now considered to be one of the most successful judicial organs in public international law. Although the WTO dispute settlement system has been created to provide every member state an equal opportunity to bring a complaint and to have it adjudicated upon, the system continues to be used predominantly by a small group of member states including the United States and the European Union, etc., thereby leaving most of developing country members as well as the least developed country members disengaged in WTO dispute settlement. Therefore, this paper attempts to provide some possible solutions, particularly on procedural improvements, in order to encourage developing country members to actively participate in the WTO dispute settlement system.