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WTO Dispute Settlement: General Appreciation and the Role of India

REA Auditado

ABSTRACT On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Until August 2006, the DSU has since been applied to 348 complaints – more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades. The system is perceived, both by practitioners and in academic literature, to work generally well. However, it has also revealed some flaws. Negotiations to review and reform the DSU have been taking place since 1997 ("DSU review"), however, without yielding any result so far.

Tema: general: 

• Ciencias Sociales

The WTO Dispute Settlement System: A First Assessment from an Economic Perspective

REA Auditado

We explore the incentives countries face in trade litigation within the new WTO Dispute Settlement System. Our analysis yields a number of interesting predictions. First, because sanctions are ruled out during the litigation process, the Dispute Settlement System does not preclude all new trade restrictions. However, the agenda-setting capacity of the complainant, including its right to force a decision, make traderestrictions less attractive than under the WTO's predecessor GATT.

Tema: general: 

• Ciencias Sociales

The WTO Dispute Settlement System: A First Assessment from an Economic Perspective

REA Auditado

We explore the incentives countries face in trade litigation within the new WTO Dispute Settlement System. Our analysis yields a number of interesting predictions. First, because sanctions are ruled out during the litigation process, the Dispute Settlement System does not preclude all new trade restrictions. However, the agenda-setting capacity of the complainant, including its right to force a decision, make traderestrictions less attractive than under the WTO's predecessor GATT.

Tema: general: 

• Ciencias Sociales