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Commitments in regional trade agreements (RTAs) that fall short of the same countries' obligations under the General Agreement on Trade in Services (GATS) are a relatively frequent phenomenon. However, they have gone widely unnoticed in the literature to date and drawn very little attention in...
Persistent link: https://www.econbiz.de/10011115134
I propose a framework within which to interpret and evaluate the major reforms introduced to the GATT system in its transition to the WTO. In particular, I examine the WTO Agreement on Safeguards that has replaced the GATT escape clause (Article XIX), and the Dispute Settlement Process (DSP)...
Persistent link: https://www.econbiz.de/10011115151
The WTO's Dispute Settlement Mechanism (DSM) has been hailed as a fundamental aspect of the Multilateral Trading System for developing countries. At the same time developing countries face many challenges to ensure their effective participation in the mechanism. This paper presents statistical...
Persistent link: https://www.econbiz.de/10011115157
A central question in tort liability is how to induce a socially optimal level of precaution. In most analysis it is common to assume that litigation is either costless or the costs are exogenously fixed. Yet, in reality, litigation costs are large and litigants have the ability to choose their...
Persistent link: https://www.econbiz.de/10011161282
This article aims to present the research conducted in recent years by a multidisciplinary team on the questions of land-use conflict, and to reveal the methodology of survey and data collection, as well as the structure of the resulting database. We first define the scope of our study by...
Persistent link: https://www.econbiz.de/10011162123
A long-standing debate centers on the role of the “Haves” and the “Have Nots” in litigation. It is often suggested that wealthier plaintiffs are more likely to be repeat players, who tend to prevail in disputes before the courts. Do wealthy repeat players indeed capture courts and...
Persistent link: https://www.econbiz.de/10011165116
An arbiter can decide a case on the basis of his priors or he can ask for further evidence from the two parties to the conflict. The parties may misrepresent evidence in their favor at a cost. The arbiter is concerned about accuracy and low procedural costs. When both parties testify, each of...
Persistent link: https://www.econbiz.de/10005515661
Agents may commit a crime twice. The act is inefficient so that the agents are to be deterred. Even if an agent is law abiding, she may still commit the act accidentally. The agents are wealth constrained. The government seeks to minimize the probability of apprehension. If the benefit from the...
Persistent link: https://www.econbiz.de/10005515706
First we show that for wealth-constrained agents who may commit an act twice the optimal sanctions are the offender's entire wealth for the first and zero for the second crime. Then we ask the question whether this decreasing sanction scheme is subgame perfect (time consistent), i.e., does a...
Persistent link: https://www.econbiz.de/10005515708
This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining...
Persistent link: https://www.econbiz.de/10005551428