BRICS in the World Trading System Emerging Economies in the WTO Dispute Settlement System

2015 ◽  
pp. 147-180 ◽  
Author(s):  
Alberto do Amaral Júnior ◽  
Vera Thorstensen ◽  
Thiago R. S. M. Nogueira
Keyword(s):  
Emerging Economies ◽  
Dispute Settlement ◽  
Settlement System ◽  
Trading System ◽  
Wto Dispute Settlement ◽  
The World ◽  
World Trading System ◽  
Dispute Settlement System

Legalization in context: The design of the WTO’s dispute settlement system

2017 ◽  
Vol 19 (2) ◽  
pp. 304-319 ◽  
Author(s):  
Manfred Elsig
Keyword(s):  
Rational Design ◽  
Dispute Settlement ◽  
The United States ◽  
Settlement System ◽  
Trading System ◽  
Wto Dispute Settlement ◽  
Multilateral Trading System ◽  
The Creation ◽  
Dispute Settlement System

This article asks why the dispute settlement provisions of the multilateral trading system underwent significant reforms during the negotiations that led to the creation of the World Trade Organization (WTO) in 1995. Why did the leading trading powers accept a highly legalized system that departed from established political–diplomatic forms of settling disputes? The contribution of this article is threefold. First, it complements existing accounts that exclusively focus on the United States with a novel explanation that takes account of contextual factors. Second, it offers an in-depth empirical case study based on interviews with negotiators who were involved and novel archival evidence on the creation of the new WTO dispute settlement system. Third, by unpacking the long-standing puzzle of why states designed a highly legalized system, it addresses selected blind spots of the legalization and the rational design literatures with the aim of providing a better understanding about potential paths leading toward significant changes in legalization.

scholarly journals The Reflection of WTO Brazilian Dispute Settlements on Domestic Law: A Place to Legal Pluralism?

Eudaimonia ◽  
2021 ◽  
pp. 137-146
Author(s):  
Monique Libardi ◽  
Patricia Glym
Keyword(s):  
Dispute Settlement ◽  
Trading System ◽  
Trade Disputes ◽  
Trade Law ◽  
International Trade Law ◽  
Wto Dispute Settlement ◽  
The World ◽  
Current Scenario ◽  
Dispute Settlements ◽  
Dispute Settlement System

International trade law, followed by the development of legal mechanisms for regulation of multilateral trading system, from General Agreement on Tariffs and Trade – GATT (1948–94), Uruguay Round (1986–94) to World Trade Organization – WTO (1995) dispute settlement system is the current scenario of the world economy transactions. This paper aims to analyze whether Brazilian activism in the world trading system may be identified in the WTO Dispute Settlement dealing with the concept of direct effect on international law. Since 1995, Brazil has been an assiduous claimant at the WTO and at the South American Common Market (MERCOSUR) dispute mechanism. However, explaining Brazilian participation at the WTO Dispute Settlement Body (DSB) requires a collision between the Brazilian private sector and the political relevance that trade disputes have acquired.

Substance and Style—How the WTO Adjudicators Legitimize their Decisions

2018 ◽  
Author(s):  
Christiane Gerstetter
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial Decision ◽  
Settlement System ◽  
Member States ◽  
Judicial Decisions ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

This chapter analyses how the World Trade Organization (WTO) dispute settlement bodies legitimize their decisions and by implication also the WTO Dispute Settlement System as well as the WTO as an institution more broadly. The author argues there are two relevant dimensions for understanding how judges legitimize judicial decisions: the substantive outcomes of cases, that is who wins and loses and what interpretations are adopted, and the way a judicial decision is justified. She concludes that the WTO dispute settlement bodies act strategically in order to win the acceptance of the member states, and ultimately legitimize this dispute settlement system as a judicial entity.

Legitimating Behind the Smoke Screen in the Battle Over Clove Cigarettes

2019 ◽  
pp. 127-160
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
Settlement System ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

Recent years have confronted the World Trade Organization (WTO) Dispute Settlement System (DSS) with an intense wave of complex linkage disputes. US-Clove Cigarettes, which stands at the centre of this chapter, serves as the second case study in the investigation into the DSS’s goal-attainment endeavours in this category of WTO disputes. The chapter begins with a review of several jurisprudential milestones leading from the early US-Shrimp, examined in Chapter 5, to the more recent US-Clove Cigarettes, examined here, with a view to portraying the legitimation continuum of which the latter dispute forms a part. The chapter then discusses the intricate legitimacy setting in which US-Clove Cigarettes unfolded and, through a close goal-oriented analysis, shows how the intensified legitimacy concerns aroused shaped the goals pursued by the DSS and the judicial choices made towards their achievement. The chapter concludes by linking the goal-attainment efforts identified to the broader DSS goal-based effectiveness framework advanced in the book.

The WTO Dispute Settlement System

2019 ◽  
pp. 62-88
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Building Blocks ◽  
Goal Structure ◽  
Settlement System ◽  
Long Run ◽  
Wto Dispute Settlement ◽  
System P ◽  
The World ◽  
Dispute Settlement System

The proposed goal-based approach, which ties effectiveness to goals, requires an in-depth inquiry into the question of what aims underlie the World Trade Organization (WTO) Dispute Settlement System (DSS), the spectrum of functions it should play, and the nature of the relations between them. The present chapter maps these multiple aims as prescribed for the DSS by its mandate providers while probing their complementary and contradictory relationships. In so doing, the chapter lays down the substantive building blocks of the WTO DSS’s goal-based effectiveness framework against which the system’s performance is to be evaluated. In analysing the DSS’s goal structure, the chapter begins with the system’s ultimate ends—the overarching purposes the DSS is expected to fulfil in the long-run—which frame the broad mission it is designed to achieve. It then follows with the system’s more specific, intermediate goals, those which serve as means for realizing the former, more general, open-ended objectives.

Trade and Development

2019 ◽  
pp. 284-306
Author(s):  
Makane Moïse Mbengue
Keyword(s):  
Dispute Settlement ◽  
Decisive Role ◽  
Settlement System ◽  
Trading System ◽  
Multilateral Trade ◽  
Wto Dispute Settlement ◽  
System P ◽  
Multilateral Trading System ◽  
Indirect Impact ◽  
Dispute Settlement System

This chapter describes and analyzes the UN’s contribution to the field of trade and development. Despite UN treaty-making being scarce in this area, the Organization has played a decisive role in the building and shaping of the multilateral trading system. In particular, the United Nations Conference on Trade and Development (UNCTAD) has allowed for a better integration of developmental concerns within multilateral trade. In addition to these aspects of direct influence by the UN, it has also had some indirect impact on the construction of the jurisprudence in the context of the WTO dispute settlement system.

scholarly journals The WTO’s Dispute Settlement Body as a Voice Mechanism

2019 ◽  
Vol 20 (6) ◽  
pp. 820-861
Author(s):  
Joshua Paine
Keyword(s):  
Dispute Settlement ◽  
The Political ◽  
Amicus Curiae ◽  
Settlement System ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System ◽  
And Control ◽  
The Relationship

Abstract This article focuses on the World Trade Organization’s (WTO) Dispute Settlement Body (DSB) – the diplomatic body, consisting of representatives of WTO members, that administers the dispute settlement system. Focusing on the WTO, the article provides one perspective on the relationship between international tribunals and the political bodies that oversee the governance of such tribunals. Specifically, I argue that the DSB operates as an important ‘voice’ mechanism, which enables members to provide regular feedback to WTO adjudicators, and helps sustain the internal legitimacy of WTO adjudication. However, the DSB can also be used in ways that undermine judicial independence. In short, the DSB is a key site where the tension plays out between WTO adjudicators’ independence from members, and control by, and accountability to, members. The episodes examined in detail to develop this argument are the crisis of a generation ago over amicus curiae briefs, and the ongoing crisis over Appellate Body appointments.

scholarly journals The Impending Dejudicialization of the WTO Dispute Settlement System?

2018 ◽  
Vol 112 ◽  
pp. 316-321
Author(s):  
Richard H. Steinberg
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Settlement System ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

The Appellate Body (AB) of the World Trade Organization (WTO) is facing a crisis. Appointment of AB members requires a consensus of the Dispute Settlement Body (comprised of all WTO members), and the United States has been blocking a consensus on further appointments since Donald J. Trump became the president. Without new appointments, the ranks of the AB have been diminishing as AB members’ terms have been expiring. If this continues (and many expect the United States to continue blocking a consensus on appointments), then in December 2019, through attrition, the number of AB members will fall below the threshold necessary to render decisions, at which point the AB will cease to function.

The World Trading System

2020 ◽  
pp. 257-314
Author(s):  
Douglas A. Irwin
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Trading System ◽  
The North ◽  
China Trade ◽  
System P ◽  
The World ◽  
World Trading System ◽  
Dispute Settlement System

This chapter focuses on the current controversies about the multilateral trading system, particularly the World Trade Organization (WTO). It provides an overview of how the WTO was criticized by nongovernmental organizations (NGOs), which attacked the WTO as an antidemocratic institution that has struck down environmental regulations by ruling them inconsistent with world trade laws. The chapter examines the WTO's rules and dispute settlement system and U.S.–China trade war. It analyzes the rise of regional trade arrangements, such as the North American Free Trade Agreement (NAFTA) and the Trans-Pacific Partnership (TPP) agreement. It also points out the importance of unilateral trade policy changes that are rooted in domestic reforms.

International Adjudication on Trial

2019 ◽  
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
Dispute Settlement ◽  
Analytical Framework ◽  
Detailed Examination ◽  
Settlement System ◽  
Trade Disputes ◽  
Wto Dispute Settlement ◽  
The World ◽  
Fresh Perspective ◽  
International Adjudication ◽  
Dispute Settlement System

Is the World Trade Organization (WTO) Dispute Settlement System (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals—beyond compliance—is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the system’s effectiveness be enhanced in the future? Building on a theoretical model borrowed from social science, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider’s account of the WTO DSS—one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS’s work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides a fresh perspective on the DSS’s operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.

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