On the role and design of dispute settlement procedures in international trade agreements

On the role and design of dispute settlement ...
Giovanni Maggi, Giovanni Maggi
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Last edited by MARC Bot
December 22, 2020 | History

On the role and design of dispute settlement procedures in international trade agreements

"Formal economic analysis of trade agreements typically treats disputes as synonymous with concerns about enforcement. But in reality, most WTO disputes involve disagreements of interpretation concerning the agreement, or instances where the agreement is simply silent. And some have suggested that the WTO's Dispute Settlement Body (DSB) might serve a useful purpose by granting "exceptions" to rigid contractual obligations in some circumstances. In each of these three cases, the role played by the DSB amounts to "completing" various dimensions of an incomplete contract. Moreover, there is a debate among legal scholars on whether or not precedent-setting in DSB rulings may enhance the performance of the institution. All of this points to the importance of understanding the implications of the different possible degrees of activism in the role played by the DSB. In this paper we bring formal analysis to bear on this broad question. We characterize the choice of contractual form and DSB role that is optimal for governments under various contracting conditions. A novel feature of our approach is that it highlights the interaction between the design of the contract and the design of the dispute settlement procedure, and it views these as two components of a single over-arching institutional design problem"--National Bureau of Economic Research web site.

Publish Date
Language
English

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Edition Availability
Cover of: On the role and design of dispute settlement procedures in international trade agreements
On the role and design of dispute settlement procedures in international trade agreements
2008, National Bureau of Economic Research
Electronic resource in English

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Book Details


Edition Notes

Title from PDF file as viewed on 7/11/2008.

Includes bibliographical references.

Also available in print.

System requirements: Adobe Acrobat Reader.

Mode of access: World Wide Web.

Published in
Cambridge, MA
Series
NBER working paper series -- working paper 14067, Working paper series (National Bureau of Economic Research : Online) -- working paper no. 14067.

Classifications

Library of Congress
HB1

The Physical Object

Format
Electronic resource

ID Numbers

Open Library
OL17088133M
LCCN
2008610894

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December 22, 2020 Edited by MARC Bot import existing book
December 10, 2009 Created by WorkBot add works page