Showing 1 - 10 of 35
A key issue in arbitration, which resolves disputes among parties, involves the procedure for selecting an arbitrator …
Persistent link: https://www.econbiz.de/10009399707
The great majority of international contracts provide for arbitration in the event of dispute. Legal scholars argue … that international arbitration is causing the development of a legal doctrine attuned to the needs of business and … independent of national laws. This paper studies international arbitration as a prime example of private trade shaping …
Persistent link: https://www.econbiz.de/10005504547
This paper examines implications of the terms-of-trade theory for the determinants of outcomes arising under the enforcement provisions of international agreements. Like original trade agreement negotiations, we model formal trade dispute negotiations as potentially addressing the terms-of-trade...
Persistent link: https://www.econbiz.de/10011272711
The larger trading nations have been the main users of the WTO Dispute Settlement system during its first four years of existence (1995-1998). This has prompted a debate about whether the DS system is biased against smaller and poorer countries, for example, because of a lack of legal capacities...
Persistent link: https://www.econbiz.de/10005788915
Poor countries are rarely challenged in formal WTO trade disputes for failing to live up to commitments, reducing the benefits of their participation in international trade agreements. This paper examines the political-economic causes of the failure to challenge poor countries and discusses the...
Persistent link: https://www.econbiz.de/10005788988
The dispute resolution procedures of the World Trade Organization allow sanctions to be imposed when a country is … concludes with some suggestions for reforming this part of WTO dispute resolution during the review of the Dispute Settlement …
Persistent link: https://www.econbiz.de/10005791897
We analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. We show that monetary fines are more...
Persistent link: https://www.econbiz.de/10005656251
We provide a simple but novel model of trade agreements that highlights the role of transaction costs, renegotiation and dispute settlement. The model allows us to characterize the appropriate remedy for breach and whether the agreement should be structured as a system of "property rights" or...
Persistent link: https://www.econbiz.de/10008567801
This paper discusses the Fedon case law of the European Court of Justice (ECJ), which involved a claim for compensation by Fedon (an Italian producer of eye glass cases) from the EU for the imposition of WTO-authorized retaliatory trade barriers by the United States following the failure by the...
Persistent link: https://www.econbiz.de/10011084063
This paper introduces a new data set and establishes a set of basic facts and patterns regarding the ‘trade’ that countries fight about under WTO dispute settlement. It characterizes the scope of products, as well as the levels of and changes to the trade values, market shares, volumes, and...
Persistent link: https://www.econbiz.de/10011084155