Making WTO Remedies Work for Developing Nations: The Need for Class Actions

This Article eschews legislative solutions that require lengthy negotiations and ratification of amendments in favor of a creative legal strategy solution that can be readily implemented unilaterally by developing nations. This Article proposes the use of 'class actions' by developing nations as a litigation strategy. The term class action is used as a metaphor. It is not meant as an explicit reference of Rule 23 of the Federal Rules of Civil Procedure.

Indeed, any such explicit reference or incorporation of Rule 23 would vitiate one of the primary benefits of this proposal'the ease of implementation without formal amendments to WTO documents.