WTO Dispute Settlement Understanding Remedies Reforms: An African Perspective

The thrust of this paper centres on the inadequate structure of the WTO Dispute Settlement Understanding (DSU) remedies from the perspective of African countries in the World Trade Organization (WTO). In this paper, I attempt to highlight the rationale, whether economic or political, for African countries’ decisions to abstain from participating in these disputes or ‘free ride’ within the international trade dispute settlement arena. I argue that the incentives or disincentives affecting these decisions stem from the inability of these countries to retaliate against larger economies under the WTO DSU. The article presents the argument that developing countries and least-developed countries (LDCs), in particular, clearly lack sufficient incentives to seek redress within the system as they are unable to retaliate against stronger trading partners. The Generalized System of Preferences (GSP) and the low volume of trade emanating from the continent are also seen as significant impediments to African participation in the DSU mechanism. This paper argues that, despite these constraints, African countries must strive to participate more effectively in WTO adjudication and develop further capacity in this area. Such policies might serve as catalysts to enable African countries achieve meaningful concessions through litigation that have eluded them for so long at the WTO negotiating table.