The Hidden Costs of International Dispute Settlement: WTO Review of Domestic Anti-Dumping Decisions

Author(s):  
Daniel K. Tarullo
Author(s):  
Karen J. Alter

This chapter looks at the seventeen international courts (ICs) with the formal jurisdiction to adjudicate disputes pertaining to a broad range of issues. Fourteen of these ICs have jurisdiction to adjudicate disputes between state parties; thirteen have jurisdiction regarding disputes involving nonstate actors (international institutional actors or private litigants). Quite often the dispute settlement role primarily binds others to follow the terms of the legal agreement, and quite often the IC has also been delegated other roles. Indeed, all but three of the ICs with a formal dispute settlement jurisdiction also have been delegated either enforcement, administrative, or constitutional review roles. These facts help explain why more often than not ICs have compulsory jurisdiction for their dispute settlement role.


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