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Economic theory has made considerable progress in explaining why sovereign countries cooperate in trade. Central to most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains the initial balance of concessions and prevents...
Persistent link: https://www.econbiz.de/10010326684
which has permeated WTO scholarship for the last 10 years. Our main criticism concerns the substance of the entire debate … subsequent issues of WTO enforcement and the interpretation of the wording of the dispute settlement understanding. They thereby … along the lines of the nature of the WTO contract. This results in to three key findings: First, none of the two schools of …
Persistent link: https://www.econbiz.de/10010316752
taking place since 1997 ("DSU review"), however, without yielding any result so far. In the meantime, WTO Members and … shortcomings of the DSU text, the more profound imbalance between relatively efficient judicial decision-making in the WTO (as … of India in WTO dispute settlement, her use of the system and her participation in the DSU review negotiations. JEL …
Persistent link: https://www.econbiz.de/10005616676
ABSTRACT On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Since 1998, negotiations to review and reform the DSU have taken place (‘DSU review’), without however yielding any result so far. This study proposes to...
Persistent link: https://www.econbiz.de/10005619379
which has permeated WTO scholarship for the last 10 years. At face value, this controversy circles around object and purpose … of WTO enforcement and the legal nature of dispute panels’ recommendations: Compliance advocates maintain that the … objective of WTO enforcement is to induce compliance with DSB panel/AB rulings, and to deter future violations of the Agreement …
Persistent link: https://www.econbiz.de/10005700748
Economic theory has made considerable progress in explaining why sovereign countries cooperate in trade. Central to most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains the initial balance of concessions and prevents...
Persistent link: https://www.econbiz.de/10011115011
in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the … between them. The basic conclusion is that legislators' silence concerning this relationship should speak volumes to WTO … adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could …
Persistent link: https://www.econbiz.de/10010335649
This paper surveys the law and economics literature on WTO dispute settlement. As a background, we first briefly lay …
Persistent link: https://www.econbiz.de/10010320036
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the … extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of 'specific …
Persistent link: https://www.econbiz.de/10010320325
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the … extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of 'specific … covered areas. -- WTO ; specific trade concerns ; SPS and TBT Committees ; dispute settlement …
Persistent link: https://www.econbiz.de/10009722025