Already during the GATT Uruguay Round, from which resulted the WTO, an analysis of the World Bank advised that the developed countries won in the negotiations, with 64% of the benefits, against only 36% attributed to the developing countries. For Brazil the situation was worse because the incompetent and moribund federal administration of President Collor promoted a unilateral opening conceding benefits to our trading partners without claiming a complementary liberalisation from them.
As a consequence, in the 5 years following the creation of the WTO, Brazil had a decreasing participation in international trade and our most competitive products continued without access to the markets of the developed countries.
Moreover, in the same period, Brazil was the most defeated country in the dispute resolution system of the WTO. And, generally, the developing countries were the biggest losers in WTO litigation, losing more than two thirds of the disputes.
The United States of America (USA) prevailed in more than 90% of the cases and the Europe Union (EU) is close behind. Such victories are not coincidental, in that the system was created and conveniently functions to favour the powerful hegemonies.
The legal division of the WTO secretariat – which in reality decisively influences the dispute resolution system – is controlled by the developed countries. In fact, in the spirit of the WTO, the developing countries are submitted to a grotesque and bizarre systematic procedural failure, in which there is not a physical process nor a juridical nomenclature which is adequate.
Lawyer admitted in Brazil, England and Wales and Portugal. GATT and WTO panelist. Brazilian government ad-hoc representative for the Uruguay Round of the GATT. Post-graduation professor of the law of international trade.