Introduction

This paper sets forth some thoughts based on my personal experience in representing developing countries in WTO dispute settlement proceedings. There have been many very thorough statistical studies relating to the dispute settlement system and, in particular, developing country participation. This paper is not intended to duplicate that work. Rather than trying to draw empirical conclusions from the statistics as to which developing countries have participated in the system, and the rate at which they participate, I propose instead to discuss some practical aspects of the resource constraints facing developing countries in participating in WTO dispute settlement.

Any discussion of representing developing countries in WTO dispute settlement proceedings must probably begin and end with the question of the resources available to developing countries and whether these resources enable them to participate on equal terms with developed countries. The question of resources is frequently approached simply from the point of view of developing countries' financial ability to obtain adequate legal advice. This is, of course, an important factor – perhaps the most important factor – but resource constraints are not limited simply to the ability of a developing country to retain good legal counsel. Instead, such constraints can manifest themselves in many other ways and influence every aspect of the decision of whether to participate in dispute settlement proceedings. These resource constraints condition developing countries' ability to participate in and benefit from not only the dispute settlement system but also all aspects of the WTO.