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Emerging trends in WTO dispute settlement : back to the GATT?

Author

Listed:
  • Holmes, Peter
  • Rollo, Jim
  • Young, Alasdair R.

Abstract

As the number of cases in the World Trade Organization (WTO) dispute settlement system has increased, there has been a greater effort by the academic community to analyze the data for emerging trends. Holmes Rollo, and Young seek to develop this literature using data up to the end of 2002 to ask whether recent trends confirm previously identified patterns and to examine whether there are divergences from the overall pattern according to the type of dispute. They focus on three questions in particular: What explains which countries are most involved in complaints under the dispute settlement understanding? Is there a discernible pattern to which countries win? Is there a difference to these patterns depending on the type of measure at the heart of the complaint? The authors find that: A country's trade share is a pretty robust indicator of its likelihood to be either a complainant or a respondent. The frequently remarked absence of the least developed countries from the dispute settlement system can be explained by their low volume of trade. There is not much, if any, evidence of a bias against developing countries either as complainants or respondents. Regulatory issues are fading as reasons for disputes and trade defense disputes are the rising issue. Complainants overwhelmingly win (88 percent of cases). There is no strong evidence that the rate of completion of cases is biased against newly industrializing countries or traditional less developed countries.

Suggested Citation

  • Holmes, Peter & Rollo, Jim & Young, Alasdair R., 2003. "Emerging trends in WTO dispute settlement : back to the GATT?," Policy Research Working Paper Series 3133, The World Bank.
  • Handle: RePEc:wbk:wbrwps:3133
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    References listed on IDEAS

    as
    1. Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie, 2000. "Legalized Dispute Resolution: Interstate and Transnational," International Organization, Cambridge University Press, vol. 54(03), pages 457-488, June.
    2. Jeffrey D. Sachs & Andrew Warner, 1995. "Economic Reform and the Process of Global Integration," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 26(1, 25th A), pages 1-118.
    3. Sachs, Jeffrey D & Warner, Andrew M, 1997. "Fundamental," American Economic Review, American Economic Association, vol. 87(2), pages 184-188, May.
    4. Alasdair R. Young, 2001. "Trading Up or Trading Blows? US Politics and Transatlantic Trade in Genetically Modified Food," EUI-RSCAS Working Papers 30, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    5. Sachs, Jeffrey D & Warner, Andrew M, 1997. "Sources of Slow Growth in African Economies," Journal of African Economies, Centre for the Study of African Economies (CSAE), vol. 6(3), pages 335-376, October.
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    Citations

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    Cited by:

    1. 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.
    2. 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.
    3. Boza, Sofia & Fernandez, Felipe, 2015. "Is it only suitable for a few? WTO member participation in Specific Trade Concerns and Disputes on SPS/TBT according to their income levels," 2015 Conference, August 9-14, 2015, Milan, Italy 211368, International Association of Agricultural Economists.
    4. 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.
    5. Fritz Breuss, 2004. "WTO Dispute Settlement: An Economic Analysis of four EU-US Mini Trade Wars," WIFO Working Papers 231, WIFO.
    6. Chad P. Bown, 2005. "Trade Remedies and World Trade Organization Dispute Settlement: Why Are So Few Challenged?," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 515-555, June.
    7. Andrew T. Guzman & Beth A. Simmons, 2005. "Power Plays and Capacity Constraints: The Selection of Defendants in World Trade Organization Disputes," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 557-598, June.
    8. Boza, Sofía & Fernández, Felipe, 2014. "Development level and WTO member participation in Specific Trade Concerns (STCs) and Disputes on SPS/TBT," Papers 946, World Trade Institute.
    9. Read, Robert, 2004. "Like Products, Health and Environmental Exceptions: The Interpretation of PPMs in Recent WTO Trade Dispute Cases," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 5(2).
    10. Fabien BESSON & Racem MEHDI, "undated". "Is WTO Dispute Settlement System Biased Against Developing Countries? An Empirical Analysis," EcoMod2004 330600022, EcoMod.
    11. Boza, Sofía, 2016. "Determinants of SPS notification submissions for Latin American WTO members," Papers 970, World Trade Institute.
    12. Khan, Haider & Liu, Yibei, 2008. "Globalization and the WTO Dispute Settlement Mechanism: Making a Rules-based Trading Regime Work," MPRA Paper 7613, University Library of Munich, Germany, revised 2008.
    13. Michiel Keyzer & Max Merbis & Roelf Voortman, 2008. "The Biofuel Controversy," De Economist, Springer, vol. 156(4), pages 507-527, December.
    14. World Bank, 2003. "Global Economic Prospects 2004 : Realizing the Development Promise of the Doha Agenda," World Bank Publications, The World Bank, number 14782, April.
    15. 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.
    16. Bouët, Antoine & Metivier, Jeanne, 2017. "Is the WTO dispute settlement procedure fair to developing countries?," IFPRI discussion papers 1652, International Food Policy Research Institute (IFPRI).

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