Developing country participation in the World Trade Organization (WTO) dispute settlement mechanism (DSM) has been studied extensively in the literature, with many scholars concluding that developing countries are underrepresented due to a lack of domestic legal capacity. I expand study of developing countries in the DSM by looking at legal capacity's role in the panel stage of disputes. I consider the impact of newly available legal aid and create a novel measure for legal expertise that draws from domestic Supreme Court literature. I find that legal capacity variables are not the predictors of success; panel decisions are driven by strategic considerations.
Journal of World Trade