Barriers to Participation of Developing Countries in the WTO's Dispute Settlement System

Understanding of the WTO dispute settlement was developed in 1995 and aimed to establish a coherent legal system based on equal access of all member states to the settlement of disputes and make decisions based on rules rather than decision-making by economic powers. Over three quarters of WTO members are developing countries, which they have weak economic systems. Therefore, a provision in the understanding as “special and differential treatment” is considered, upon which the concessions were granted to developing countries aimed at creating a favorable context for increased involvement of these countries in the DSB. But to benefit from these advantages and protections granted by dispute settlement mechanisms, the developing countries face problems and challenges that led to their limited participation in this body. This article assumes that the developing countries has failed to benefit from the dispute settlement mechanisms and concludes that there are real political, commercial problems and domestic limits that must be overcome.