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Why Trump shot the Sheriffs: The end of WTO dispute settlement 1.0

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  • Bown, Chad P.
  • Keynes, Soumaya

Abstract

On December 10, 2019, the WTO’s 25-year-old system of resolving disputes broke down. This paper explains why. It describes the dysfunctional system that preceded the WTO, when the United States dealt with politically troublesome imports by using voluntary export restraints and increasingly resorted to the “aggressively unilateral†Section 301 policy to resolve trade concerns. The WTO was a compromise between the rest of the world and the United States, whereby the latter accepted some constraints with the expectation that the new system of binding dispute settlement would serve its interests. But although the creation of the WTO resolved some concerns about American unilateralism in the short term, its system of handling disputes turned out to be politically unsustainable.
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  • Bown, Chad P. & Keynes, Soumaya, 2020. "Why Trump shot the Sheriffs: The end of WTO dispute settlement 1.0," Journal of Policy Modeling, Elsevier, vol. 42(4), pages 799-819.
    • Handle: RePEc:eee:jpolmo:v:42:y:2020:i:4:p:799-819
    DOI: 10.1016/j.jpolmod.2020.03.006
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    1. Chad P. Bown & Meredith A. Crowley, 2013. "Self-Enforcing Trade Agreements: Evidence from Time-Varying Trade Policy," American Economic Review, American Economic Association, vol. 103(2), pages 1071-1090, April.
    2. Giovanni Maggi & Robert W. Staiger, 2018. "Trade Disputes And Settlement," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 59(1), pages 19-50, February.
    3. Mr. Douglas A. Irwin, 2005. "The Rise of U.S. Antidumping Activity in Historical Perspective," IMF Working Papers 2005/031, International Monetary Fund.
    4. Anabel González & Euijin Jung, 2020. "Developing Countries Can Help Restore the WTO's Dispute Settlement System," Policy Briefs PB20-1, Peterson Institute for International Economics.
    5. Robert W. Staiger & Kyle Bagwell, 1999. "An Economic Theory of GATT," American Economic Review, American Economic Association, vol. 89(1), pages 215-248, March.
    6. Pao-Li Chang, 2002. "The Evolution and Utilization of the GATT/WTO Dispute Settlement Mechanism," Working Papers 475, Research Seminar in International Economics, University of Michigan.
    7. Alessandro Nicita & Marcelo Olarreaga & Peri Silva, 2018. "Cooperation in WTO’s Tariff Waters?," Journal of Political Economy, University of Chicago Press, vol. 126(3), pages 1302-1338.
    8. Rodney D. Ludema & Anna Maria Mayda, 2013. "Do terms-of-trade effects matter for trade agreements? Theory and evidence from WTO Countries," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 128(4), pages 1837-1893.
    9. Kyle Handley & Nuno Limão, 2018. "Policy Uncertainty, Trade, and Welfare: Theory and Evidence for China and the United States," World Scientific Book Chapters, in: Policy Externalities and International Trade Agreements, chapter 5, pages 123-175, World Scientific Publishing Co. Pte. Ltd..
    10. Chad P. Bown, 2011. "Taking Stock of Antidumping, Safeguards and Countervailing Duties, 1990–2009," The World Economy, Wiley Blackwell, vol. 34(12), pages 1955-1998, December.
    11. Henrik Horn, 2006. "National Treatment in the GATT," American Economic Review, American Economic Association, vol. 96(1), pages 394-404, March.
    12. Douglas A. Irwin, 2005. "The Rise of US Anti‐dumping Activity in Historical Perspective," The World Economy, Wiley Blackwell, vol. 28(5), pages 651-668, May.
    13. Sykes, Alan O., 2003. "The safeguards mess: a critique of WTO jurisprudence," World Trade Review, Cambridge University Press, vol. 2(3), pages 261-295, November.
    14. Douglas A. Irwin, 1994. "Managed Trade: The Case Against Import Targets," Books, American Enterprise Institute, number 51697, September.
    15. Petros C. Mavroidis, 2016. "Dispute Settlement in the WTO. Mind over Matter," RSCAS Working Papers 2016/04, European University Institute.
    16. Giovanni Maggi & Robert W. Staiger, 2011. "The Role of Dispute Settlement Procedures in International Trade Agreements," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 126(1), pages 475-515.
    17. Handley, Kyle, 2014. "Exporting under trade policy uncertainty: Theory and evidence," Journal of International Economics, Elsevier, vol. 94(1), pages 50-66.
    18. Schwartz, Warren F & Sykes, Alan O, 2002. "The Economic Structure of Renegotiation and Dispute Resolution in the World Trade Organization," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 179-204, January.
    19. Chad Bown & Kara Reynolds, 2015. "Trade flows and trade disputes," The Review of International Organizations, Springer, vol. 10(2), pages 145-177, June.
    20. Swagel, Phillip & Mankiw, N, 2005. "Antidumping: The Third Rail of Trade Policy," Scholarly Articles 2961701, Harvard University Department of Economics.
    21. Tetyana Payosova & Gary Clyde Hufbauer & Jeffrey J. Schott, 2018. "The Dispute Settlement Crisis in the World Trade Organization: Causes and Cures," Policy Briefs PB18-5, Peterson Institute for International Economics.
    22. Jeffrey J. Schott & Euijin Jung, 2019. "The WTO’s Existential Crisis: How to Salvage Its Ability to Settle Trade Disputes," Policy Briefs PB19-19, Peterson Institute for International Economics.
    23. C. Fred Bergsten & Marcus Noland, 1993. "Reconcilable Differences? United States-Japan Economic Conflict," Peterson Institute Press: All Books, Peterson Institute for International Economics, number 34, April.
    24. Chad P. Bown & Kara M. Reynolds, 2017. "Trade Agreements and Enforcement: Evidence from WTO Dispute Settlement," American Economic Journal: Economic Policy, American Economic Association, vol. 9(4), pages 64-100, November.
    25. Kyle Bagwell & Robert W. Staiger, 2011. "What Do Trade Negotiators Negotiate About? Empirical Evidence from the World Trade Organization," American Economic Review, American Economic Association, vol. 101(4), pages 1238-1273, June.
    26. John Greenwald, 2003. "WTO Dispute Settlement: an Exercise in Trade Law Legislation?," Journal of International Economic Law, Oxford University Press, vol. 6(1), pages 113-124, March.
    27. Christian Broda & Nuno Limão & David E. Weinstein, 2018. "Optimal Tariffs and Market Power: The Evidence," World Scientific Book Chapters, in: Policy Externalities and International Trade Agreements, chapter 2, pages 13-46, World Scientific Publishing Co. Pte. Ltd..
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    Cited by:

    1. Chad Brown & Paola Conconi & Aksel Erbahar & Lorenzo Trimarchi, 2020. "Trade Protection Along Supply Chains," Working Papers ECARES 2020-52, ULB -- Universite Libre de Bruxelles.
    2. Giuseppe Zaccaria, 2022. "You’re Fired! International Courts, Re‐contracting, and the WTO Appellate Body during the Trump Presidency," Global Policy, London School of Economics and Political Science, vol. 13(3), pages 322-333, June.
    3. Mauro Caselli & Andrea Fracasso & Stefano Schiavo, 2021. "Trade policy and firm performance: introduction to the special section," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 38(1), pages 1-6, April.
    4. Kenneth A. Reinert, 2024. "Steel, security and the WTO Dispute Settlement Mechanism: A trade catastrophe in the making," The World Economy, Wiley Blackwell, vol. 47(6), pages 2741-2759, June.
    5. Johann Robert Basedow, 2022. "Why de‐judicialize? Explaining state preferences on judicialization in World Trade Organization Dispute Settlement Body and Investor‐to‐State Dispute Settlement reforms," Regulation & Governance, John Wiley & Sons, vol. 16(4), pages 1362-1381, October.
    6. Eugene Beaulieu & Janet Whittaker, 2021. ""Two roads diverged in [soft]wood". Targeted dumping, differential pricing methodology, and zeroing: US-Canada anti-dumping in softwood lumber (WTDS534/R)," RSCAS Working Papers 2021/11, European University Institute.
    7. Chad P. Bown, 2020. "Export controls: America’s other national security threat," Working Paper Series WP20-8, Peterson Institute for International Economics.
    8. Bown, Chad P., 2021. "The US–China trade war and Phase One agreement," Journal of Policy Modeling, Elsevier, vol. 43(4), pages 805-843.
    9. Ian M. Sheldon, 2022. "The United States' power‐based bargaining and the WTO: Has anything really been gained?," Applied Economic Perspectives and Policy, John Wiley & Sons, vol. 44(3), pages 1424-1439, September.
    10. Jason H. Grant & Kathryn A. Boys & Chaoping Xie, 2021. "A new president in the White House: implications for Canadian agricultural trade," Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie, Canadian Agricultural Economics Society/Societe canadienne d'agroeconomie, vol. 69(1), pages 45-58, March.
    11. Barbara Dluhosch & Daniel Horgos, 2024. "Clubbing in trade policies: How much a threat to the multilateral constitution?," Constitutional Political Economy, Springer, vol. 35(4), pages 461-481, December.
    12. Paul Laurent, & Jeudy Bruno-Philippe., 2021. "Le blocage de l’OMC, un révélateur de la crise du multilatéralisme ?," Bulletin de la Banque de France, Banque de France, issue 234.

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    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations

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