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Breach, Remedies and Dispute Settlement in Trade Agreements

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Author Info
Giovanni Maggi
Robert W. Staiger

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Abstract

We provide a simple but novel model of trade agreements that highlights the role of transaction costs, renegotiation and dispute settlement. The model allows us to characterize the appropriate remedy for breach and whether the agreement should be structured as a system of "property rights" or "liability rules." We then study how the optimal rules depend on the underlying economic and contracting environment. Our model also delivers predictions about the outcome of trade disputes, and in particular about the propensity of countries to settle early versus "fighting it out."

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 15460.

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Date of creation: Oct 2009
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Handle: RePEc:nbr:nberwo:15460

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Find related papers by JEL classification:
D02 - Microeconomics - - General - - - Institutions: Design, Formation, and Operations
D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law
F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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  1. Grossman, Gene M & Helpman, Elhanan, 1994. "Protection for Sale," American Economic Review, American Economic Association, vol. 84(4), pages 833-50, September. [Downloadable!] (restricted)
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  2. Schwartz, Warren F & Sykes, Alan O, 2002. "The Economic Structure of Renegotiation and Dispute Resolution in the World Trade Organization," Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages S179-204, January.
  3. Susan Athey, 2002. "Monotone Comparative Statics Under Uncertainty," The Quarterly Journal of Economics, MIT Press, vol. 117(1), pages 187-223, February. [Downloadable!] (restricted)
  4. Martin, Alberto & Vergote, Wouter, 2008. "On the role of retaliation in trade agreements," Journal of International Economics, Elsevier, vol. 76(1), pages 61-77, September. [Downloadable!] (restricted)
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  5. Kyle Bagwell & Robert W. Staiger, 2005. "Enforcement, Private Political Pressure and the Gatt/Wto Escape Clause," Discussion Papers 0405-13, Columbia University, Department of Economics. [Downloadable!]
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This page was last updated on 2009-12-3.


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