Leveling The Playing Field For Developing Countries In Treaty Negotiations And Dispute Settlements With Developed Countries: It Is Possible.

摘要

The bargaining power which developed countries possess and the lack thereof with which developing countries have to grapple have resulted in a disparity in the bargaining position of developing countries in treaty negotiations and dispute settlements with developed countries. Leveling the playing field between developed and developing countries during treaty negotiations and trade and investment dispute settlements, requires the development and implementation of independent legal advisory bodies. An independent legal advisory body will provide country specific legal and expert advice to a developing country regarding all aspects of a specific treaty negotiation or the settlement of a particular trade or investment dispute at the expense of the developed country or relevant multilateral organization involved in the negotiation or dispute, upon the request of the developing country.