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Compliance with WTO Dispute Rulings

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  • Spilker, Gabriele

Abstract

Country pairs such as the US and the EU meet several times in front of the WTO dispute settlement body. Sometimes they resolve their dispute quickly whereas sometimes they do not succeed in solving the dispute at all. This paper tries to answer the question why the same countries seem to have no difficulties solving one trade dispute while they do not succeed in solving others. I arguethat it is crucial to look at the interaction between dispute complexity and the domestic industry concerned to explain the time until compliance with adverse WTO dispute rulings is achieved.Using a Cox duration model to analyze 96 compliance cases, the results confirm that disputes, which involve either non-tariff barriers to trade or the agricultural sector, significantly prolong the time it takes a country to bring its trade measures back into congruence with WTO law. This is in line with the idea that governments can rely on complex instruments for trade protection to significantly stretch out the compliance period allowing a politically relevant sector to enjoy the benefits of trade protection for a longer time. In this sense compliance with adverse rulings is an important thing to study since affected industries might not be able to prevent a WTO dispute from happening but they can well influence their government to give them more time to adapt to the new situation.

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  • Spilker, Gabriele, 2013. "Compliance with WTO Dispute Rulings," Papers 585, World Trade Institute.
    • Handle: RePEc:wti:papers:585
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    References listed on IDEAS

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    1. Grossman, Gene M & Helpman, Elhanan, 1994. "Protection for Sale," American Economic Review, American Economic Association, vol. 84(4), pages 833-850, September.
    2. Francois, Joseph & Horn, Henrik & Kaunitz, Niklas, 2008. "Trading Profiles and Developing Country Participation in the WTO Dispute Settlement System," Working Paper Series 730, Research Institute of Industrial Economics.
    3. Edward D. Mansfield & Helen V. Milner & B. Peter Rosendorff, 2015. "Why Democracies Cooperate More: Electoral Control and International Trade Agreements," World Scientific Book Chapters, in: Edward D Mansfield (ed.), THE POLITICAL ECONOMY OF INTERNATIONAL TRADE, chapter 11, pages 227-263, World Scientific Publishing Co. Pte. Ltd..
    4. Tallberg, Jonas, 2002. "Paths to Compliance: Enforcement, Management, and the European Union," International Organization, Cambridge University Press, vol. 56(3), pages 609-643, July.
    5. Kenneth W. Abbott & Duncan Snidal, 1998. "Why States Act through Formal International Organizations," Journal of Conflict Resolution, Peace Science Society (International), vol. 42(1), pages 3-32, February.
    6. Rosendorff, B. Peter & Milner, Helen V., 2001. "The Optimal Design of International Trade Institutions: Uncertainty and Escape," International Organization, Cambridge University Press, vol. 55(4), pages 829-857, October.
    7. Goldstein, Judith & Martin, Lisa L., 2000. "Legalization, Trade Liberalization, and Domestic Politics: A Cautionary Note," International Organization, Cambridge University Press, vol. 54(3), pages 603-632, July.
    8. Manfred Elsig & Philipp Stucki, 2012. "Low-income developing countries and WTO litigation: Why wake up the sleeping dog?," Review of International Political Economy, Taylor & Francis Journals, vol. 19(2), pages 292-316.
    9. Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie, 2000. "Legalized Dispute Resolution: Interstate and Transnational," International Organization, Cambridge University Press, vol. 54(3), pages 457-488, July.
    10. Kono, Daniel Y., 2006. "Optimal Obfuscation: Democracy and Trade Policy Transparency," American Political Science Review, Cambridge University Press, vol. 100(3), pages 369-384, August.
    11. Steger, Debra P & Hainsworth, Susan M, 1998. "World Trade Organization Dispute Settlement: The First Three Years," Journal of International Economic Law, Oxford University Press, vol. 1(2), pages 199-226, June.
    12. Downs, George W. & Rocke, David M. & Barsoom, Peter N., 1996. "Is the good news about compliance good news about cooperation?," International Organization, Cambridge University Press, vol. 50(3), pages 379-406, July.
    13. Allee, Todd L. & Huth, Paul K., 2006. "Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover," American Political Science Review, Cambridge University Press, vol. 100(2), pages 219-234, May.
    14. Guzman, Andrew & Simmons, Beth A, 2002. "To Settle or Empanel? An Empirical Analysis of Litigation and Settlement at the World Trade Organization," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 205-235, January.
    15. Koremenos, Barbara & Lipson, Charles & Snidal, Duncan, 2001. "The Rational Design of International Institutions," International Organization, Cambridge University Press, vol. 55(4), pages 761-799, October.
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