News from the ACWL
ACWL offers free representation to LDCs as third parties in WTO dispute settlement proceedings
On 15 June 2007, the ACWL General Assembly adopted the Decision on Assisting Least Developed Countries as Third Parties in Dispute Settlement Proceedings. Under this decision, any LDC that has reserved its right to participate in a WTO panel proceeding as a third party may now request that the ACWL provide its services in connection with that proceeding and any subsequent Appellate Body proceeding free of charge. Previously, the ACWL charged nominal fees for these services.
LDCs wishing to avail themselves of this opportunity for free legal representation should make their requests in writing, indicating the name(s) of the person(s) from the LDC that will participate in the preparation of the submissions and attend the hearings. The Executive Director may approve the request, provided that the support by the ACWL is likely to assist the LDC in building its capacity in WTO law and gaining practical experience in WTO dispute settlement proceedings, there is no conflict of interest that would prevent the staff of the ACWL from providing support to the LDC, and the support would cause neither financial nor operational problems for the ACWL.
In adopting this decision, the General Assembly noted that several WTO Members routinely participate as third parties in dispute settlement proceedings in order to build their capacity in WTO law and gain practical experience in WTO dispute settlement proceedings. However, few LDCs have availed of this opportunity to build their capacity in WTO disputes. In addition, the General Assembly noted that the minimal fees previously charged by the ACWL for these services may have been a disincentive for LDCs to participate as third parties in WTO disputes.
The General Assembly's decision implements a recommendation contained in an action plan to increase LDC use of the ACWL's services recently adopted by the ACWL's Management Board.
Further information on this decision can be obtained by contacting the ACWL.