WTO Constitutionalism and its Contribution to Judicial Settlement of Trade Disputes in the Greater China

2012 ◽  
pp. 49-63
Keyword(s):  
Author(s):  
Christina L. Davis

The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? This book investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. It demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. The book establishes this argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. The book explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.


2020 ◽  
Vol 34 (4) ◽  
pp. 457-459
Author(s):  
Kai He ◽  
T. V. Paul ◽  
Anders Wivel

The rise of “the rest,” especially China, has triggered an inevitable transformation of the so-called liberal international order. Rising powers have started to both challenge and push for the reform of existing multilateral institutions, such as the International Monetary Fund (IMF), and to create new ones, such as the Asian Infrastructure Investment Bank (AIIB). The United States under the Trump administration, on the other hand, has retreated from the international institutions that the country once led or helped to create, including the Trans-Pacific Partnership (TPP); the Paris Agreement; the Iran nuclear deal; the Intermediate-Range Nuclear Forces (INF) Treaty; the United Nations Educational, Scientific and Cultural Organization (UNESCO); and the United Nations Human Rights Council (UNHRC). The United States has also paralyzed the ability of the World Trade Organization (WTO) to settle trade disputes by blocking the appointment of judges to its appellate body. Moreover, in May 2020, President Trump announced his decision to quit the Open Skies Treaty, an arms control regime designed to promote transparency among its members regarding military activities. During the past decade or so, both Russia and the United States have been dismantling multilateral arms control treaties one by one while engaging in new nuclear buildups at home.


2020 ◽  
Vol 244 ◽  
pp. 903-919
Author(s):  
Terry Bodenhorn ◽  
John P. Burns ◽  
Michael Palmer

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