Monday, November 18, 2013

Strategic litigation at any cost?

I have blogged about the Tobacco Plain packaging case here, here and here. The dispute brings to the fore many aspects of dispute settlement at the WTO itself - like what is national interest, domestic policy space and international economic law, employment issues and trade as well as corporate interests and national positions.

This piece in the Jakarta Globe which gives a background on Indonesia's entry into the dispute  brought another angle to the dispute - strategic preparation in dispute settlement.
"For Indonesia, this is another opportunity for it to develop and enhance its understanding of how, when, and why to use the WTO dispute settlement system to further its own export interests. Indonesia started out by being a rather reluctant user of the system, when it was on the receiving end of complaints brought by several developed countries against its indigenous car program in 1996." 
 Is this another facet of strategic litigation at any cost at the WTO?

No comments: