IDEAS home Printed from https://ideas.repec.org/p/iuj/wpaper/ems_2008_01.html
   My bibliography  Save this paper

Insufficiency in the dispute Settlement Mechanism of the WTO: Consequences and Implications for the Multilateral Trading System

Author

Listed:

Abstract

Trends of trade disputes show that the developed countries are more active in the dispute settlement process of the World Trade Organization (WTO) than the developing countries. Our analyses show that financial strength is an important factor for countries to participate in the dispute settlement process of the WTO. It also plays significant role in winning trade disputes. Therefore, lack of financial strength could be an explanation for the low rate of participation of the small-developing countries in the dispute settlement process. A close look at the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) reveals that it has considerable inability to provide feasible remedies against unfair trade practices. This also discourages the small-developing countries to participate in the dispute settlement process. To ensure equitable participation of the developing countries in the dispute settlement process, the WTO should increase legal and technical assistance for the small-developing countries. At the same time the WTO needs to ensure quick resolution of the disputes and replace the provision of "retaliation" with other meaningful remedies.

Suggested Citation

  • Sumimaru Odano & Ziaul Abedin, 2008. "Insufficiency in the dispute Settlement Mechanism of the WTO: Consequences and Implications for the Multilateral Trading System," Working Papers EMS_2008_01, Research Institute, International University of Japan.
    • Handle: RePEc:iuj:wpaper:ems_2008_01
    as

    Download full text from publisher

    File URL: https://www.iuj.ac.jp/workingpapers/index.cfm?File=EMS_2008_01.pdf
    File Function: First version, 2008
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Dennis Browne, 2005. "Dispute Settlement in the WTO: How Friendly Is It for the LDC," CPD Working Paper 45, Centre for Policy Dialogue (CPD).
    2. Butler, Monika & Hauser, Heinz, 2000. "The WTO Dispute Settlement System: First Assessment from an Economic Perspective," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 503-533, October.
    3. William J. Davey, 2005. "The WTO Dispute Settlement System: The First Ten Years," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 17-50, March.
    4. Horn, Henrik & Mavroidis, Petros C & Nordström, Håkan, 1999. "Is The Use Of The WTO Dispute Settlement System Biased?," CEPR Discussion Papers 2340, C.E.P.R. Discussion Papers.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ziaul Abedin & Mohammad Ali Tareq, 2008. "Trends of Trade Disputes During the WTO Regime," AIUB Bus Econ Working Paper Series AIUB-BUS-ECON-2008-04, American International University-Bangladesh (AIUB), Office of Research and Publications (ORP), revised Jan 2008.
    2. Lee, Jiwon & Wittgenstein, Teresa, 2017. "Weak vs. Strong Ties: Explaining Early Settlement in WTO Disputes," ILE Working Paper Series 7, University of Hamburg, Institute of Law and Economics.
    3. Jeanne Métivier & A. Bouët, 2017. "Is the WTO dispute settlement procedure fair to developing countries?," Post-Print hal-02273686, HAL.
    4. Chau, Nancy H. & Färe, Rolf, 2011. "Shadow pricing market access: A trade benefit function approach," Journal of Economic Theory, Elsevier, vol. 146(4), pages 1631-1663, July.
    5. repec:lan:wpaper:859 is not listed on IDEAS
    6. 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.
    7. 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.
    8. Fritz Breuss, 2004. "WTO Dispute Settlement: An Economic Analysis of Four EU–US Mini Trade Wars—A Survey," Journal of Industry, Competition and Trade, Springer, vol. 4(4), pages 275-315, December.
    9. repec:lan:wpaper:860 is not listed on IDEAS
    10. Heinz Hauser & Alexander Roitinger, 2002. "A Renegotiation Perspective on Transatlantic Trade Disputes," University of St. Gallen Department of Economics working paper series 2002 2002-09, Department of Economics, University of St. Gallen.
    11. Talya Bobick & Alastair Smith, 2013. "The impact of leader turnover on the onset and the resolution of WTO disputes," The Review of International Organizations, Springer, vol. 8(4), pages 423-445, December.
    12. Alexander Keck, 2004. "WTO Dispute Settlement: What Role for Economic Analysis? A Commentary on Fritz Breuss," Journal of Industry, Competition and Trade, Springer, vol. 4(4), pages 365-371, December.
    13. Fouad Pervez, 2015. "Waiting for election season," The Review of International Organizations, Springer, vol. 10(2), pages 265-303, June.
    14. repec:lan:wpaper:872 is not listed on IDEAS
    15. Fritz Breuss, 2004. "WTO Dispute Settlement: An Economic Analysis of four EU-US Mini Trade Wars," WIFO Working Papers 231, WIFO.
    16. R A Read, 2005. "Trade dispute settlement mechanisms: the WTO dispute settlement understanding in the wake of the GATT," Working Papers 564824, Lancaster University Management School, Economics Department.
    17. Fabien BESSON & Racem MEHDI, 2010. "Is WTO Dispute Settlement System Biased Against Developing Countries? An Empirical Analysis," EcoMod2004 330600022, EcoMod.
    18. Chad P. Bown, 2010. "China's WTO Entry: Antidumping, Safeguards, and Dispute Settlement," NBER Chapters, in: China's Growing Role in World Trade, pages 281-337, National Bureau of Economic Research, Inc.
    19. Javelosa, Josyline C. & Schmitz, Andrew, 2006. "Costs and Benefits of a WTO Dispute: Philippine Bananas and the Australian Market," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 7(1), pages 1-26.
    20. Götz, Christian & Heckelei, Thomas & Rudloff, Bettina, 2010. "What makes countries initiate WTO disputes on food-related issues?," Food Policy, Elsevier, vol. 35(2), pages 154-162, April.
    21. Bartels Lorand, 2013. "Making WTO Dispute Settlement Work for African Countries: An Evaluation of Current Proposals for Reforming the DSU," The Law and Development Review, De Gruyter, vol. 6(2), pages 47-66, August.
    22. repec:got:cegedp:62 is not listed on IDEAS
    23. Chad P. Bown, 2004. "Developing Countries as Plaintiffs and Defendants in GATT/WTO Trade Disputes," The World Economy, Wiley Blackwell, vol. 27(1), pages 59-80, January.
    24. Bernauer, Thomas & Spilker, Gabriele, 2010. "Escalation dynamics in WTO disputes over environment, health and safety issues," Papers 89, World Trade Institute.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:iuj:wpaper:ems_2008_01. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Kazumi Imai, Office of Academic Affairs (email available below). General contact details of provider: https://edirc.repec.org/data/gsiujjp.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.