In this paper we aim to explain World Trade Organization (WTO) members’ decision to initiate a dispute at the WTO. Since many potential violations of WTO law remain unchallenged, we explore the conditions under which WTO members complain about only some allegedly WTO-incompatible policies,...

In this paper we claim that, in the WTO Appellate Body (AB)'s ruling in US — Countervailing Measures (China), the AB decision has not put in question the practice of imposing countervailing duties (CVDs). While the US has formally “lost” the case, a change in the procedures and tests used...

Governments increasingly are seeking to use bilateral and regional trade agreements to reduce the cost-increasing effects of differences in product market regulation. They also pursue regulatory cooperation independent of trade agreements. It is important to understand what is being done through...

By acting as a trader, a State may influence the direction of international trade through its purchases and sales decisions without resort to other more direct means of intervention such as the application of tariffs and quotas. The GATT recognizes that States may choose to participate in...

In December 2019 the WTO Appellate Body (AB) will cease to operate unless the United States stops blocking new appointments. The US argues the AB has exceeded its mandate and has indicated it wants to ensure that the AB performs the role originally assigned to it in 1995. This paper discusses...

This paper advocates changes in the corporate governance of the World Trade Organization (WTO) to reflect the decline in tariffs and other border restraints to commerce and the emerging challenges of advancing freer trade and better regulation cooperation in a world economy dominated by global...

This Working Paper considers the significance of government procurement chapters in regional trade agreements (RTAs), both in their own right and vis-à-vis the WTO Agreement on Government Procurement (GPA). The paper finds, inter alia, that: (i) a strong complementarity exists between...

The number of operative regional trading agreements (RTAs) has been rising steadily. This paper reviews the history of regionalism, and argues that the increasing focus of RTAs on nontariff measures and non-trade issues make the creation of coalitions of countries to pursue specific rather than...

The United States has played an essential role in driving the agenda for the world trading system since the Second World War. An important component of that agenda has been the liberalization of government procurement, with the first plurilateral agreement signed in 1979 as part of the Tokyo...