The Challenges Of The WTO Dispute Settlement

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To respond to the challenges and opportunities of WTO dispute settlement, Brazil has developed the “three pillar” for WTO dispute settlement. The structure consists of a specialized WTO dispute settlement division located in the capital, Bras´ılia (the “first pillar”), coordination between this unit and Brazil’s WTO mission in Geneva (the “second pillar”), and coordination between both of these entities and Brazil’s private sector, as well as law firms and economic consultants funded by the private sector (the “third pillar”). This “third pillar” consists of the private sector, which broadly includes business, law, academia, and civil society. Since the WTO’s creation in 1995, Brazilian private sector initiatives have deepened knowledge about international trade issues among a broader array of individuals and groups, who have formed a Brazilian epistemic network, one that is linked transnationally with individuals and groups abroad. Brazilian media, law firms, academia, trade associations, think tanks, consultancies and non-governmental groups have undertaken important initiatives regarding international trade law and policy, which have complemented and built from each other. Developing countries face a severe challenge in coordinating its government’s approach to WTO dispute settlement. Compared to other developing countries, Brazil has allocated significant resources to WTO related issues, especially for dispute settlement. Brazil has attempted to address this issue through an inter-ministerial body, the Chamber of Foreign Trade (CAMEX). In 1995, following the WTO’s creation, the Brazilian government created CAMEX to formulate, adopt, coordinate and implement foreign trade policy. Before 1995, no institutionalized forum existe... ... middle of paper ... ...O cases in which Brazil participates. The members of the Dispute Settlement Unit based in Bras´ılia and Geneva are able to manage and effectively interact with outside legal counsel in WTO cases because of the expertise that they have acquired. They provide outside counsel with needed factual support and general guidance. This role is important because there can be disagreements between the government and the company or trade association that funds the outside lawyers. The government may have frank discussions with the private sector on what Brazil’s legal positions will be.195 The Dispute Settlement Unit is able to play this role more effectively than officials in other developing countries because Brazil’s frequent participation in WTO dispute settlement has permitted the unit to develop a reservoir of knowledge about WTO judicial procedures and substantive law.

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