• SHEIKH INAM UL MANSOOR

This Research paper proposes that developing countries can participate advantageously in the World Trade Organization (WTO) if: (i) they have the means to devise a legal and regulatory system, and thereby, develop a capacity to avoid infringement of the WTO legal regime; (ii) they are, unlike China, without fear that their approach to the WTO Dispute Settlement Mechanism (DSM) will attract the ire of the affluent developed countries; and (iii) they have a capacity like Brazil’s to enforce Dispute Settlement Body (DSB) decisions in their favor by DSB- sanctioned trade retaliation. Lacking advantages (i) – (iii), the least-developed countries such as Bangladesh have very little capacity for advantageous participation. For the least- developed countries, WTO membership does no more than impose a burden that demands of them a WTO-compliant legal infrastructure that many lack the social conditions and the expertise to construct. It follows that if the WTO is to become a fair, just and inclusive international-trade regime, it must observe the principle of international distributive justice. That this principle can become operative in the WTO regime is demonstrable, and demonstrated in the course of a proposition that there be a new climate law devised jointly by the WTO and the United Nations Organization (UN). The fundamental weakness of the WTO regime is the absence in it of a dominant distributive- justice principle. To that end, it outlines the nature and variety of developing countries’ complaints, as voiced by them and by commentators. The proposition follows that these complaints, all be they capable of justification, do not constitute the essential critique of the WTO regime. Nor is it fertile to propose that the WTO be scrapped, and a new trade organization take its place. What is needed is a normative framework capable of discerning fairness and justice in international trade law.there is no fairness in a procedural context that gives equal status to patently unequal participants. That is considered sufficient for the conclusion that developing countries’ complaints are justified. Their justifiability, however, is no more than itself, and is not the central consideration in the need for the radical improvement of the WTO regime. Radical improvement must take the form of principled revision, such that distributive justice becomes the WTO’s core principle. This is peremptory, for the development of developing countries is not made possible without it.

World Trade Organization ,Developing Countries ,distributive justice ,international trade .

"THE WTO AND DISTRIBUTIVE JUSTICE. “NEED FOR THE RADICAL IMPROVEMENT OF THE WTO REGIME”", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 12, page no.275-282, December-2018, Available :http://www.jetir.org/papers/JETIR1812440.pdf

"THE WTO AND DISTRIBUTIVE JUSTICE. “NEED FOR THE RADICAL IMPROVEMENT OF THE WTO REGIME”", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 12, page no. pp275-282, December-2018, Available at : http://www.jetir.org/papers/JETIR1812440.pdf