Raiders of the lost jewel (in the Crown)

2015 ◽  
Vol 14 (3) ◽  
pp. 106-111
Author(s):  
Petros C. Mavroidis
Keyword(s):  
Design Methodology ◽  
Dispute Settlement ◽  
Compliance Rate ◽  
Personal Perspective ◽  
Settlement System ◽  
Content Type ◽  
Wto Dispute Settlement ◽  
Dispute Settlement System

Purpose – This paper aims to offer an overview of papers in the WTO @ 20 collection. Design/methodology/approach – An overview of the papers in the WTO @ 20 collection, complete with a personal perspective on the continuing relevance of the organization. Findings – This paper adds further support to the notion that the compliance rate with the WTO dispute settlement system and the “quality” of judgments handed down require greater study and less impressionistic reporting. Originality/value – This paper positions the papers in the WTO @ 20 collection in their appropriate context.

Resolution of international trade disputes in the WTO and other Fora

2015 ◽  
Vol 14 (3) ◽  
pp. 147-156 ◽  
Author(s):  
Giorgio Sacerdoti
Keyword(s):  
Dispute Settlement ◽  
World Trade Organisation ◽  
Settlement System ◽  
Trade Disputes ◽  
Content Type ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Wto Appellate Body ◽  
Dispute Settlement System ◽  
Trade And Investment

Purpose – The purpose of this paper is to assess the success of the world trade organisation (WTO) dispute settlement system and its transferability to other fora. Design/methodology/approach – The paper compares the design and case law of trade and investment law, and seeks lessons for the settlement of trade and investment disputes in other fora. Findings – It concludes that despite its shortcomings, the WTO Appellate Body provides vital stability regarding legal interpretations, something notably absent from other fora. Originality/value – The paper offers the perspective of a former Member and Chairman of the WTO Appellate Body on the success of the dispute settlement system.

WTO dispute settlement and the study of compliance

2015 ◽  
Vol 14 (3) ◽  
pp. 112-115 ◽  
Author(s):  
Manfred Elsig
Keyword(s):  
International Relations ◽  
Dispute Settlement ◽  
Research Note ◽  
Systematic Research ◽  
Settlement System ◽  
Content Type ◽  
First Order ◽  
The Past ◽  
Wto Dispute Settlement ◽  
Dispute Settlement System

Purpose – The purpose of this research note is to draw on the concept of compliance as developed in international relations theory to point to future avenues of research. It is widely understood that the World Trade Organization (WTO) dispute settlement system has worked well in the past 20 years. Surprisingly, however, systematic research on compliance with WTO law is still in its infancy. Design/methodology/approach – The research note draws a distinction between first-order and second-order compliance and discusses limitations of existing work and possible ways forward. Findings – This note suggests that more work, both conceptually as well as empirically, needs to be carried out. Originality/value – Very little systematic research has been carried out on compliance with WTO law.

WTO dispute settlement system and democracy

2014 ◽  
Vol 13 (2) ◽  
pp. 185-196
Author(s):  
Sheela Rai
Keyword(s):  
Dispute Settlement ◽  
Theoretical Study ◽  
Separation Of Powers ◽  
Point Of View ◽  
Settlement System ◽  
Checks And Balances ◽  
Content Type ◽  
Wto Dispute Settlement ◽  
Democratic Control ◽  
Dispute Settlement System

Purpose – The purpose of this paper is to analyse the current proposals for reform of the World Trade Organization (WTO) dispute settlement system. Two areas of proposed reforms have been chosen: one is regarding democratic control over the WTO dispute settlement body and the other is regarding structural balance within the WTO. Design/methodology/approach – It is a theoretical study based on decided cases, opinions and writing of other writers. Findings – Democratizing a judicial body from within is not the most desirable method to control it. Separation of powers and checks and balances which is termed as institutional balance in WTO is a better way to rein in the judicial organ of the WTO. Originality/value – Most of the work on WTO judicial reforms have either concentrated on technical aspects. Some writers have written about the dispute settlement system from a political point of view. Most of the writings seem to be shy of pointing towards obvious developments in the WTO dispute settlement system, e.g. the precedent system. The work analyses the proposed reforms from two perspectives and presents writer’s opinion on them which is clearly and openly stated.

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.

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