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What to Do Before You Call the WTO? The Prelitigation Assessment of Trade Barriers

What to Do Before You Call the WTO? The Prelitigation Assessment of Trade Barriers

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Having the capacity to identify trade barriers and assess whether it is politically, economically, and legally viable to take action with a dispute is central to participating in the WTO dispute settlement system. Developing countries are often at a disadvantage, because they either lack staff with the proper knowledge base or simply do not have the funding available to obtain the required legal expertise. The objective of this study is to lay out the different nodes of analysis – legal, economic, and political – to support countries on how to proceed once a trade barrier has been identified. Further, the paper explores procedures adopted by various WTO members for the private sector to petition for trade barrier investigations often with a view to initiating a WTO complaint. It is recommended that similar model be developed for developing countries.
Having the capacity to identify trade barriers and assess whether it is politically, economically, and legally viable to take action with a dispute is central to participating in the WTO dispute settlement system. Developing countries are often at a disadvantage, because they either lack staff with the proper knowledge base or simply do not have the funding available to obtain the required legal expertise. The objective of this study is to lay out the different nodes of analysis – legal, economic, and political – to support countries on how to proceed once a trade barrier has been identified. Further, the paper explores procedures adopted by various WTO members for the private sector to petition for trade barrier investigations often with a view to initiating a WTO complaint. It is recommended that similar model be developed for developing countries.

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11/14/2013

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By Gary N. Horlick,
Law Offices of Gary N. Horlick, World Trade Institute, University of Berne.
 Hanna Boeckmann
Rechtsanwältin, Van Bael and Bellis, Geneva.
Issue Paper No. 13
ICTSD Programme on International Trade Law
April 2013
What to Do BeforeYou Call the WTO
The Prelitigation Assessment of Trade Barriers
 
l
ICTSD Programme on International Trade Law
By Gary N. Horlick,
Law Ofces of Gary N. Horlick, World Trade Institute, University of Berne.
 Hanna Boeckmann
Rechtsanwältin, Van Bael and Bellis, Geneva.
What to Do Before You Call the WTO
The Prelitigation Assessment of Trade Barriers
Issue Paper No. 13
April 2013
 
ii
G. N. Horlick, H. Boeckmann — What to Do Before You Call the WTO: The PrelitigationAssessment of Trade Barriers
Published by
International Centre for Trade and Sustainable Development (ICTSD)International Environment House 27 Chemin de Balexert, 1219 Geneva, SwitzerlandTel: +41 22 917 8492 Fax: +41 22 917 8093E-mail: ictsd@ictsd.ch Internet: www.ictsd.orgPublisher and Director: Ricardo Meléndez-OrtizProgrammes Director: Christophe BellmannProgramme Team: Marie Wilke
Acknowledgments
This paper has been produced under the ICTSD International Trade Law Programme.ICTSD wishes gratefully to acknowledge the support of its core and thematic donors, including: theUK Department for International Development (DFID), the Swedish International Development Co-operation Agency (SIDA); the Netherlands Directorate-General of Development Cooperation (DGIS);the Ministry of Foreign Affairs of Denmark, Danida; the Ministry for Foreign Affairs of Finland; andthe Ministry of Foreign Affairs of Norway.For more information about the ICTSD International Trade Law Programme, visit our website athttp://ictsd.net/programmes/dsuICTSD welcomes feedback and comments on this document. These can be forwarded to GiacomoPascolini at gpascolini [at] ictsd.ch or to tradelaw [at] ictsd.chCitation: Gary N. Horlick and Hanna Boeckmann,
What to do before you call the WTO: The pre-litigation assessment of trade barriers
(2013); ICTSD Programme on International Trade Law; IssuePaper No. 13; International Centre for Trade and Sustainable Development, Geneva, Switzerland,www.ictsd.org.Copyright ICTSD, 2013. Readers are encouraged to quote and reproduce this material for educa-
tional, non-prot purposes, provided the source is acknowledged. This work is licensed under the
Creative Commons Attribution-Noncommercial-No-Derivative Works 3.0 License. To view a copy of this license, visit http://creativecommons.org/licenses/bync-nd/3.0/ or send a letter to CreativeCommons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA.ISSN 1994-6856

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