Handling WTO Disputes with the Private Sector: The Triumphant Brazilian Experience

Mexico - 1 August 2016

Trade topics: International Trade Law

Multiple scholarly works have argued that developing country Members of World Trade Organization (WTO) should enhance their dispute settlement capacity to successfully and cost effectively navigate the system of WTO Dispute Settlement Understanding (DSU). It is one thing to be a part of WTO agreements and know the WTO rules, and another to know how to use and take advantage of those agreements and rules in practice. The present investigation seeks to conduct a detailed examination of the latter with a specific focus on critically examining public private partnership (PPP) strategies that can enable developing countries to effectively utilize the provisions of WTO DSU. To achieve this purpose, the article examines how Brazil, one of the most active DSU users among developing countries, has strengthened its DSU participation by engaging its private stakeholders during the management of WTO disputes. The identification and evaluation of the PPP strategies employed by the government and industries in Brazil may prompt other developing countries to determine their individual approach towards PPP for the handling of WTO disputes.

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