Private Party Participation in the World Trade Organizations

This paper discusses private party participation in the WTO dispute resolution system. Notwithstanding the rule-oriented reform of the WTO, there are many improvements that can be made to the WTO dispute resolution system. The lack of standing for private parties to raise a claim before the WTO dispute resolution system means there are many potential international trade dispute claims that are never resolved. Private counsel representation and submission of amicus brief by private parties acknowledge that WTO are realizing the efficacy of private interests in international trade matters. These changes, however, are not sufficient for private parties to protect their interests unless the ability to initiate dispute before the WTO is granted to them without the aid of a member state. Standing should be strictly limited to those parties that have suffered actual harm to reduce the number of frivolous suits