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A Survey of the Literature on the WTO Dispute Settlement System

Author

Listed:
  • Horn, Henrik

    (Research Institute of Industrial Economics)

  • Mavroidis, Petros C.

    (Columbia University)

Abstract
This paper surveys the law and economics literature on WTO dispute settlement. As a background, we first briefly lay out main features of the legal framework, and discuss possible roles of a dispute settlement mechanism. We then discuss the two main themes in the empirical literature on dispute settlement: (i) the determinants of participation by members as complainants, respondents and third parties; and (ii) the role of the DS system for the settling of disputes. The paper finally points to a number of areas that are in need of further research.

Suggested Citation

  • Horn, Henrik & Mavroidis, Petros C., 2006. "A Survey of the Literature on the WTO Dispute Settlement System," Working Paper Series 684, Research Institute of Industrial Economics.
    • Handle: RePEc:hhs:iuiwop:0684
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    References listed on IDEAS

    as
    1. Grossman, Gene M. & Sykes, Alan O., 2006. "European Communities–Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India: Recourse to Article 21.5 of the DSU by India," World Trade Review, Cambridge University Press, vol. 5(1), pages 133-148, March.
    2. Chad P. Bown, 2002. "The Economics of Trade Disputes, the GATT’s Article XXIII, and the WTO’s Dispute Settlement Understanding," Economics and Politics, Wiley Blackwell, vol. 14(3), pages 283-323, November.
    3. Wilfred J. Ethier, "undated". "Punishment and Dispute Settlement in Trade Agreements," EPRU Working Paper Series 01-14, Economic Policy Research Unit (EPRU), University of Copenhagen. Department of Economics.
    4. Chad P. Bown, 2004. "Developing Countries as Plaintiffs and Defendants in GATT/WTO Trade Disputes," The World Economy, Wiley Blackwell, vol. 27(1), pages 59-80, January.
    5. Bagwell,K. & Mavroidis,P.C. & Staiger,R.W., 2003. "The case for auctioning countermeasures in the WTO," Working papers 14, Wisconsin Madison - Social Systems.
    6. Butler, Monika & Hauser, Heinz, 2000. "The WTO Dispute Settlement System: First Assessment from an Economic Perspective," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 503-533, October.
    7. Ethier, Wilfred J., 2001. "Theoretical problems in negotiating trade liberalization," European Journal of Political Economy, Elsevier, vol. 17(2), pages 209-232, June.
    8. Blonigen, Bruce A. & Bown, Chad P., 2003. "Antidumping and retaliation threats," Journal of International Economics, Elsevier, vol. 60(2), pages 249-273, August.
    9. Earl L. Grinols & Roberto Perrelli, 2006. "The WTO Impact on International Trade Disputes: An Event History Analysis," The Review of Economics and Statistics, MIT Press, vol. 88(4), pages 613-624, November.
    10. Guzman, Andrew, 2003. "The Political Economy of Litigation and Settlement at the WTO," Berkeley Olin Program in Law & Economics, Working Paper Series qt4wr4j18z, Berkeley Olin Program in Law & Economics.
    11. Chad P. Bown, 2004. "On the Economic Success of GATT/WTO Dispute Settlement," The Review of Economics and Statistics, MIT Press, vol. 86(3), pages 811-823, August.
    12. Guzman, Andrew T, 2002. "The Cost of Credibility: Explaining Resistance to Interstate Dispute Resolution Mechanisms," The Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages 303-326, June.
    13. Chad P. Bown, 2005. "Participation in," The World Bank Economic Review, World Bank, vol. 19(2), pages 287-310.
    14. Sykes, Alan O., 2003. "The safeguards mess: a critique of WTO jurisprudence," World Trade Review, Cambridge University Press, vol. 2(3), pages 261-295, November.
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    Cited by:

    1. Tan Li & Larry D. Qiu, 2021. "Beyond trade creation: Preferential trade agreements and trade disputes," Pacific Economic Review, Wiley Blackwell, vol. 26(1), pages 23-53, February.
    2. Ceva, Emanuela & Fracasso, Andrea, 2010. "Seeking mutual understanding: a discourse-theoretical analysis of the WTO Dispute Settlement System," World Trade Review, Cambridge University Press, vol. 9(3), pages 457-485, July.
    3. Tan LI & Larry D. QIU, 2015. "Beyond Trade Creation: Free Trade Agreements and Trade Disputes," Working Papers DP-2015-28, Economic Research Institute for ASEAN and East Asia (ERIA).

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    More about this item

    Keywords

    WTO; Dispute Settlement; DSU;
    All these keywords.

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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