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Evaluating The Acwl Essay

1850 words - 8 pages

HAS THE ACWL AFFECTED THE WTO, DSU CASE LOAD
The establishment of the ACWL in 2001, marked an increase in the developing countries participation and involvement in WTO dispute settlement activity. The rate of disputes initiated has drastically dropped from 13 cases in 1995-2000 to about 11 cases per year 2001-2008. A larger portion of WTO dispute were initiated by developing countries after the establishment of ACWL. On the other hand from 1995-2001, developed countries initiated 172 dispute as compared to 90 from developing before the establishment of ACWL. From 2001-2008 total case initiated by developed countries was about 80 as opposed to 73 resulting from developing countries with the assistance of ACWL.
It is significant to note here that the ACWL played a key role in preventing the number of cases filed by developing countries which was influenced by the sharp downward trend of developed nations in the post 2000 affecting ACWL services which then influenced the WTO, DSU case load in particular. Different countries and region in the developing nations with ACWL statute use the DSU differently for their selfish interest which has led to cheating and arbitrary behavior against other states. The ACWL has not been effective in encouraging other countries to participate in WTO dispute settlement by providing current developing country user with the necessary resources and man power which enables them to pursue additional cases differently which they would have done with ACWL differently.
The ACWL has allowed countries to file sole complainant dispute on behalf of their exporters than depending on other WTO members thus enabling cost sharing to be more effective. One possible option will be for it to allow countries to pursue DSU extensively for interest in the market access enforcement. Before the establishment of the ACWL the high cost associated to litigation prevented developing countries to abandon and accept early disadvantage settlement to avoid spending additional resources to attract ruling of their disadvantage. The manner in which ACWL services are use or implemented in the DSU to initiate disputes on behalf of exporters suggest that the enforcement of ACWL services has greatly influence developing country use of DSU in enforcing their rights to market access. Also possible is that access to ACWL resources may affect developing country litigation behavior will depend on the kind of dispute initiated to the actual outcome cases are prosecuted and litigated.
ACWL DSU EVIDENCE BENEFIT BASE EFFECT
In other to provide the necessary resources and man power to affect DSU case load, the ACWL facilitates developing country to pursue a more sole-complainant and pursue them more extensively in obtaining required policy reform in ACWL respondent countries. Thus by doing so it will affect the scale of cases initiated by developing countries. Through the provision of subsidized legal assistance to developing countries during litigation...

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