This paper explores
how special and differential treatment (S&DT) provisions in the
Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) have been used by developing countries since Dr Roessler first addressed
this question in 2004. As WTO Members are currently discussing how to reform
the WTO dispute settlement system, it also examines which flexibilities
developing countries consider important going forward. It concludes that
procedural advantages have been used by developing countries to alleviate the
costs of participating in disputes, but that the main hurdle faced by
developing countries, which is access to the system, can most effectively be
overcome through technical assistance – as confirmed by current reform
discussions and as already foreseen by Dr Roessler in 2004.