• Towards Stakeholder Participation in the initiation of WTO Disputes. A case study for Namibia and SACU

Publisher:
Lambert Academic Publishing
Publication date:
2010-11-16
Authors:

(Vivienne Elke Katjiuongua is a Legal practitioner admitted to practice law in all the courts of the republic of Namibia. Academic Qualifications: Baccalaureus Juris Degree B.JURIS (2001), Bachelor of Laws Degree LL.B (2003), Masters LL.M. International Trade, Investment and Business Law (2007).)
ISBN:
9783843350808

Description:

The paper recognizes the trivial participation of African countries in the Dispute Settlement System (DSS) of the World Trade Organization (WTO). One of the main factors contributing to this state of affairs is identified as the absence of a platform for stakeholders to participate in consultation with their government(s). It is argued that such a platform will allow the members states to make an informed decision on whether it is in the national interest to be a party to the initiation of a dispute before the Dispute settlement body (DSB) or to join as a party to such a dispute, either as complainant or respondent. The paper identifies the advantages/benefits which may be derived from participating in the DSS, especially with stakeholders input in the process before, during and after the dispute cycle. From the analysis practical processes are suggested which can enhance active participation of various stakeholders in developing countries, with an emphasis on Sub-Saharan Africa. The paper concludes by suggesting a suitable legal framework for stakeholders to utilize and participate in the initiation of trade disputes where their interests are threatened or adversely affected.

MATERIAS: Developing Countries; Dispute Settlement System (DSS); Dispute Settlement Understanding (DSU); Domestic Policies; European Union (EU); Initiation of Trade Disputes; Private Sector; Regional Agreement; Southern African Customs Union (SACU); Stakeholders; , World Trade Organisation (WTO); National Trade Forum (NTF);Ministry of Trade and Industry (MTI)