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WTO DISPUTE SETTLEMENT MECHANISM AND MISSING PARTICIPANTS: A CASE STUDY OF SUB - SAHARAN AFRICA

  • 발행기관 아주대학교
  • 지도교수 Wang Hwi Lee
  • 발행년도 2011
  • 제출일 2011-06-24
  • 학위수여년월 2011. 8
  • 학위명 석사
  • 학과 국제대학원 국제통상학과
  • 파일정보 Qualitative
  • 실제URI http://www.dcollection.net/handler/ajou/000000011746
  • 본문언어 영어
  • 저작권 아주대학교 논문은 저작권에 의해 보호받습니다.

초록/요약

The research looks at the fundamental reason for the establishment of the WTO dispute settlement mechanism which is to guarantee the market access for products amongst the WTO members’ states. It seeks to analyze the non –participation by many of the sub- Saharan countries at the WTO dispute settlement mechanism from economic, political and legal perspectives. Economic reason is that many of sub–Saharan Africa countries are low income developing countries providing little market for goods from developed countries and similarly have no many products to export to developed countries which would warrant initiating dispute for market access. The political reason is that majority of sub- Saharan African countries have quota and duty free access to the US and EU markets under the AGOA and Cotonou/ACP-EU General System of Preference respectively. Lastly, legal reason is the establishment of regional trade agreement under GATT Article XXIV and GATS Article V whereby trade disputes are resolved at regional level as opposed to the WTO Dispute Settlement Body. The research findings are that trade commodities, general system of preference and regionalism are responsible for absence of SSA countries at the DSB. Keywords: World Trade Organization, Dispute Settlement Mechanism, Sub-Saharan Africa

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목차

Table of Contents

Abstract iv
Acknowledgments v
Table of Contents vi
List of World Trade Organization Cases viii
List of Tables ix
Abbreviations x
Chapter 1 1
Introduction 1
1.1 Background and Relevance of the Thesis 1
1.2 Sub –Saharan African at the Dispute Settlement Body 3
1.3 Statement of purpose 5
1.4 Literature Review 7
1.5 Research questions and Methodology 9
1.6 Data Sources and Limitation 10
1.7 Structure of the thesis 10
Chapter 2 12
Sub Saharan Africa Trade Profile 12
2.1 Sub Saharan Africa economy. 12
2.2 Sub-Saharan trade profile 13
2.3 Sub Saharan Africa Regional Trade 15
2.4 Trade Disputes in Sub Saharan Africa Regional Trade 19
2.5 WTO Trade Dispute Statistics. 21
2.6 Sub Saharan Africa Trade Products and WTO Dispute Settlement Participation. 25
2.7 Special and Differential Treatment at the WTO Dispute Settlement Body 26
2.8 Advisory Centre on WTO Law 27
Chapter 3 30
Sub Saharan Africa in World Trade 30
3.1 General System of Preference. 30
3.2 European Union –Sub Saharan Africa Trade 31
3.2.1 Sub Saharan Africa participation in EU related disputes. 33
3.3 United States-Sub Saharan Africa trade. 35
3.3.1 Beneficiary countries 36
3.3.2 Sub –Saharan Africa in US market related trade disputes. 38
3.4 China –Sub Saharan Africa Trade. 40
3.4.1 Benefits and Cost of Sino-Africa Relations 41
3.4.2 WTO Permissible Safeguard Measures 42
Chapter 4 47
Pending issues on Sub Saharan Africa participation at DSB 47
4.1 Legal 47
4.2 Political 50
4.3 Economics. 52
4.4 Sino –Africa politics 54
Chapter 5 56
Conclusion 56
Further research 58
Bibliography 59

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