Participation of least developed countries in WTO – dispute settlement system: the case of Tanzania

This research examines the participation of Least Developed Countries (LDCs) in WTO Dispute Settlement System. The study is qualitative based on in-depth interviews; observation and desk review, where a range of literatures on challenges faced by LDCs in their participation in the WTO DSS were reviewed. The study focuses to Tanzania as a case study. The findings have revealed that LDCs generally face many challenges but the main three are: first, a lack of legal expertise in WTO law,; second, limited financial resources, including ability to cover costs for the hiring of outside legal counsel to effectively use the WTO legal system; and thirdly fear of political and economic pressure from members exercising market power, and in particular the United States and EC, undermining their ability to bring WTO claims. Furthermore, research provide recommendations that would enable WTO DSS to work for the benefit of all with a view of creating an environment that would entice them to become more active players. Each country will need to determine how best to adapt some or all of the strategies recommended by this research taking into account their internal obtaining circumstances. The study conclude by alluding that substantial reform can be undertaken in LDCs if concerted efforts are made to quantify economic damages for working out the suspension of special consideration. LDCs vary significantly in terms of the size of their economies and the role of law in their domestic systems therefore one size cannot fit all so each country.