The War of the White Gold How the increased legalization of WTO affect Burkina Faso's ability to influence American cotton subsidies

University essay from Lunds universitet/Statsvetenskapliga institutionen

Abstract: Traditionally international trade disputes within the WTO have been handled through diplomacy or soft law. In recent years there has been a shift towards a more rule based system within the organization, a shift towards legalization, hard law. States that are not acting in compliance with the WTO rules might be brought to the Dispute Settlement Body. The first time Least Developed Countries, LDC, were involved in a legal dispute in the WTO was in 2003, when American cotton subsidies were challenged by Brazil. West African cotton producing states, C4 signed up as third parties, however not Burkina Faso. Instead Burkina Faso was involved in the cotton initiative which was presented at the same time. Through a qualitative textual analysis of articles I study legalization versus negotiations in the WTO and its effect on LDC. No actual change has come of the legal case or the negotiation track but scholars are increasingly considering the leverage that legal measures provide negotiations with. The increased legalization has ?levelled the playing field? and increased the presence of developing countries in the WTO negotiations and legal disputes. Not only by the rulings but because of the increased attention from media, civil society and the reputational costs associated with breaking the law.

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