M.A._Taslim - Dispute Settlement in the WTO and the Least...

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Dispute Settlement in the WTO and the Least Developed Countries: the Case of India’s Anti-Dumping Duties on Lead Acid Battery Import from Bangladesh by M. A. Taslim Jakarta, Indonesia 25-26 January 2006 The WTO dispute settlement system and developing countries
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ICTSD Asia Dialogue on WTO Dispute Settlement and Sustainable Development Jakarta, 25-26 January 2006 ICTSD / CNDS Graduate School of Law, Universitas Sumatera Utara in collaboration with East Asian Legal Studies, University of Wisconsin, with the support of the Geneva International Academic Network (GIAN) Dispute Settlement in the WTO and the Least Developed Countries: The Case of India’s Anti-Dumping Duties on Lead Acid Battery Import from Bangladesh (Working draft by M.A. Taslim, commissioned by ICTSD as part as part of ICTSD’s Asia Dialogue on WTO Dispute Settlement and Sustainable Development, forthcoming publication in 2007) by M. A. Taslim Trade between nations is being increasingly conducted under rules and agreements negotiated at the World Trade Organization (WTO). The growing importance of WTO in the conduct of orderly trade has reduced the compulsion of bilateral negotiations to resolve contentious trade issues, in particular trade disputes. Many of these can now be resolved through the various mechanisms set up by WTO. This may have some advantages for the smaller and weaker nations, in particular the least developed countries (LLDC), which find themselves in a highly unequal position in trade negotiations with larger and more powerful nations. Such a country can hardly expect to get a fair deal in bilateral negotiations with powerful developed nations to solve trade related disputes. Even without any explicit threat or arm-twisting, the negotiations are likely to move toward the desired outcome of the more powerful nations because of their greater economic and political leverage. The dispute settlement mechanism of WTO that requires the involvement of experts from several countries other than the disputants (beyond the consultation stage) may offer an opportunity to level the playing field to some extent. Recently Bangladesh, an LDC, became embroiled in a trade dispute with its powerful neighbour India. This paper traces the events and circumstances that led to the imposition of anti-dumping duties by India on lead acid batteries imported from Bangladesh, an LDC that has encountered significant difficulties in diversifying its economy and export trade, especially as regards Professor, Department of Economics, University of Dhaka, Bangladesh, m_a_taslim@yahoo.com The author gratefully acknowledges the helpful suggestions of an anonymous reviewer. However, he alone is responsible for the views expressed in the paper and any errors.
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ICTSD Asia Dialogue on WTO Dispute Settlement and Sustainable Development Jakarta, 25-26 January 2006 ICTSD / CNDS Graduate School of Law, Universitas Sumatera Utara in collaboration with East Asian Legal Studies, University of Wisconsin,
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M.A._Taslim - Dispute Settlement in the WTO and the Least...

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