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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
"trade wars" and crucially impair the credibility of the WTO dispute settlement mechanism. In this paper, we suggest that … such conclusions are unwarranted. Violation of WTO agreements and non-compliance with Dispute Settlement Body rulings …
Persistent link: https://www.econbiz.de/10005453937
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
, WTO Members and adjudicating bodies managed to develop the system further through evolving practice. While this approach … decisionmaking in the WTO (as incorporated in the DSU) and nearly blocked political decisionmaking evolves into a serious challenge … WTO-Abkommens in Kraft. In den ersten zehn Jahren seines Bestehens fand das DSU auf 324 Klagebegehren Anwendung – mehr …
Persistent link: https://www.econbiz.de/10005556422
-enforcing policy coordination implied by theoretical models, and then examines the empirical studies on trade disputes of the GATT/WTO. …
Persistent link: https://www.econbiz.de/10014023453
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