Description:
The DSU is in principle blind to the commercial stakes involved in a dispute between its Members in that it makes no distinction between a claim of 100,000 dollars and a claim of 100,000,000 dollars. Arguably, a system where the procedures are the same while the stakes differ makes it less attractive for Members to engage, especially for smaller trading countries whose trade volumes may not, from their governments’ perspective, merit a full-blown dispute under the current set-up. In this sense, the impartiality in the system impedes less developed countries’ willingness and ability to pursue their trade interests and sustainable development objectives through the existing procedures. Proceeding from a review of the rationale and practices of small claims procedures at the national level, the paper explores whether a similar institution can be adopted at the WTO to offset the disproportionate element of the system.