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  • Essay / The Challenges of Dispute Settlement at the WTO - 1019

    To address the challenges and opportunities of dispute settlement at the WTO, Brazil has developed the “three pillars” of dispute settlement at the WTO . The structure includes a specialized WTO dispute settlement division located in the capital, Brasilia (the "first pillar"), coordination between this unit and Brazil's mission to the WTO in Geneva (the "second pillar") ) and coordination between these two units. entities and the Brazilian private sector, as well as law firms and economic consultants financed by the private sector (the “third pillar”). This “third pillar” includes the private sector, which broadly includes business, law, academia and civil society. Since the establishment of the WTO in 1995, Brazilian private sector initiatives have deepened knowledge on international trade issues among a broader range of individuals and groups, which have formed a transnationally linked Brazilian epistemic network with individuals and groups abroad. Brazilian media, law firms, universities, trade associations, think tanks, consultancies and non-governmental groups have undertaken important initiatives regarding international trade law and policy, which have complemented each other and built on top of each other. Developing countries face a significant challenge in coordinating their government's efforts. approach to dispute settlement at the WTO. Compared to other developing countries, Brazil has allocated significant resources to WTO-related issues, particularly dispute settlement. Brazil has attempted to resolve this problem through an interministerial body, the Chamber of Foreign Trade (CAMEX). In 1995, following the creation of the WTO, the Brazilian government created CAMEX to formulate, adopt, coordinate and implement foreign trade policy. Before 1995, no institutionalized forum existed...... middle of paper ......O cases in which Brazil participates. Members of the Dispute Resolution Unit based in Brasilia and Geneva are able to manage and interact effectively with external legal advisors in WTO cases thanks to the expertise they have acquired. They provide external counsel with necessary factual support and general advice. This role is important because there may be disagreements between the government and the company or professional association that funds the outside lawyers. The government can have frank discussions with the private sector about what Brazil's legal positions will be.195 The Dispute Resolution Unit is able to play this role more effectively than officials in other developing countries because the Brazil's frequent participation in WTO dispute settlement has allowed the unit to develop a reservoir of knowledge on WTO judicial procedures and substantive law.