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The paper argues that focusing only on disputes <I>formally raised</I> 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 trade concerns' (STCs) that in the overwhelming...</i>
Persistent link: https://www.econbiz.de/10013049353
Even though the World Trade Organization (WTO) ensures equal access to the dispute settlement system, the legal process is still highly costly, an aspect that primarily affects poorer developing countries. It is feared that this imbalance discourages developing countries from filing and...
Persistent link: https://www.econbiz.de/10012920081
It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing countries, as manifested in e.g. allegedly too low rates of dispute initiation. To shed light on this issue, this study analyses the determinants of developing country...
Persistent link: https://www.econbiz.de/10014199191
The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This compulsory and binding two-level mechanism for the adjudication of disputes between WTO Members is the most active among international courts. The functioning of the DS system has...
Persistent link: https://www.econbiz.de/10014168378
International investment agreements have provoked intense criticism in the policy debate during recent years. Particularly contentious has been their "ISDS" mechanisms, which enable investors to litigate against host countries. This paper examines whether host countries would be better o¤ with...
Persistent link: https://www.econbiz.de/10012907978
Almost all WTO dispute panels exceed their statutory time limits. This is often seen to indicate a more general problem for panels to manage their tasks. The time required varies considerably across panels however, suggesting that they do not face the same problems. To shed light on these...
Persistent link: https://www.econbiz.de/10013049355
This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their...
Persistent link: https://www.econbiz.de/10013049360
The primary objective of most trade agreements is to restrain members' use of trade policies for protectionist purposes. But it would be pointless to restrict the application of border instruments without regulating the possible use of domestic policies for protectionist purpose. To this end,...
Persistent link: https://www.econbiz.de/10014168376
The purpose of this study is to present to readers with limited training in economics the perspective that most international trade economists bring to the study of trade agreements. It focuses on the main approach in the literature, which sees these agreements as means to address negative...
Persistent link: https://www.econbiz.de/10014168377
This paper surveys the law and economics literature on WTO dispute settlement. As a background, we first briefly lay out main features of the legal framework, and discuss possible roles of a dispute settlement mechanism. We then discuss the two main themes in the empirical literature on dispute...
Persistent link: https://www.econbiz.de/10010320036