DSU: special procedures involving LDC Members (Article 24)

Article 24 of the Dispute Settlement Understanding sets out Special Procedures Involving Least-Developed Country Members:

“1. At all stages of the determination of the causes of a dispute and of dispute settlement procedures involving a least-developed country Member, particular consideration shall be given to the special situation of least-developed country Members. In this regard, Members shall exercise due restraint in raising matters under these procedures involving a least-developed country Member. If nullification or impairment is found to result from a measure taken by a least-developed country Member, complaining parties shall exercise due restraint in asking for compensation or seeking authorization to suspend the application of concessions or other obligations pursuant to these procedures.

2. In dispute settlement cases involving a least-developed country Member, where a satisfactory solution has not been found in the course of consultations the Director-General or the Chairman of the DSB shall, upon request by a least-developed country Member offer their good offices, conciliation and mediation with a view to assisting the parties to settle the dispute, before a request for a panel is made. The Director-General or the Chairman of the DSB, in providing the above assistance, may consult any source which either deems appropriate.”

Other members of the WTO can request good offices, conciliation and mediation services under Article 5 of the DSU.


 

Available Smooth Transition Procedures:

Utilization by LDCs:

As of March 2018, no dispute involving an LDC as a respondant has been brought to the WTO Dispute Settlement Body. Bangladesh is the only least-developed country to have initiated a dispute settlement proceeding (WT/DS306India Anti-dumping measure on batteries from Bangladesh). Eight LDCs (Bangladesh, Benin, Chad, Madagascar, Malawi, Senegal, Yemen, Zambia) have participated in the dispute settlement system as the third party for 11 cases.

Resources:

  1. Dispute Settlement Understanding (DSU)
  2. Recourse Gateway for Finding Dispute Cases
  3. Dispute DS306, India — Anti-Dumping Measure on Batteries from Bangladesh.
  4. WTO document WT/DS306/1, 28 January 2004, “India – Anti-Dumping Measures on Batteries from Bangladesh – Request for Consultations by Bangladesh
  5. WTO document WT/DS306/3, 20 February 2006, “India – Anti-Dumping Measures on Batteries from Bangladesh – Notification of Mutually Satisfactory Solution