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Cross-agreement retaliation in the WTO dispute settlement system: an important enforcement mechanism for developing countries?

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  • SPADANO, LUCAS EDUARDO F. A.

Abstract

This article aims at analysing the merits and limits of ‘cross-retaliation’ as a mechanism to induce compliance in WTO dispute settlement, specifically from the perspective of developing countries. The focus is on cross-agreement retaliation, in particular with respect to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as this seems to be the most ‘promising’ area for developing countries. Although there are several legal, economic, and administrative difficulties related to the implementation of a suspension of TRIPS obligations and there is so far no practical experience, this seems to remain an interesting option for developing countries – or at least for the largest ones among them – wishing to obtain greater leverage in the system.

Suggested Citation

  • Spadano, Lucas Eduardo F. A., 2008. "Cross-agreement retaliation in the WTO dispute settlement system: an important enforcement mechanism for developing countries?," World Trade Review, Cambridge University Press, vol. 7(3), pages 511-545, July.
    • Handle: RePEc:cup:wotrrv:v:7:y:2008:i:03:p:511-545_00
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    Cited by:

    1. Cardwell, Ryan T. & Ghazalian, Pascal L., 2012. "The TRIPS Agreement as a Coercive Threat: Estimating the Effects of Trade Ties on IPR Enforcement," Trade Policy Briefs 145974, Canadian Agricultural Trade Policy Research Network.
    2. Cardwell, Ryan T. & Kerr, William A., 2013. "Reforming WTO Rules on Export Restrictions - Is There Any Point?," Commissioned Papers 158894, Canadian Agricultural Trade Policy Research Network.
    3. Hartigan, James C., 2018. "Punching out of one's weight class? Cross agreement retaliation in the WTO," International Review of Economics & Finance, Elsevier, vol. 54(C), pages 274-288.
    4. Benjamin Liebman & Kasaundra Tomlin, 2015. "World Trade Organization sanctions, implementation, and retaliation," Empirical Economics, Springer, vol. 48(2), pages 715-745, March.

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