Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

International relations --- Peace --- DISPUTE SETTLEMENT. --- PEACE. --- Research --- Research. --- International Law - General

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Containing contributions by twenty-five scholars, this volume aims to examine the increasingly notable subject of international dispute settlement from an innovative procedural perspective. Indeed, with the ‘jurisdictionalisation’ of international law that has taken place during the last thirty years, both scholars and practitioners have shown an important and growing interest in international law litigation. Yet, little attention has been paid to the procedural aspects thereof. In building upon research into subfields of international litigation (general international law analysis, international economic law procedures, human rights and European law mechanisms), this book endeavours to provide an up-to-date seminal picture of the evolution of the role of procedure across these domains as well as an overall illustration of the field.

International Law --- International Procedural Law --- International adjudication --- Litigation --- Dispute Settlement --- Procedural Rules --- Internationales Privatrecht --- Internationales Verfahrensrecht --- International litigation --- Streitschlichtung

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This paper examines the implications of the terms-of-trade theory for the determinants of outcomes arising under the enforcement provisions of international agreements. Like original trade agreement negotiations, the paper models formal trade dispute negotiations as potentially addressing the terms-of-trade externality problem that governments implement import protection above the globally efficient level so as to shift some of the policy's costs to trading partners. The approach is to extend earlier theoretical models of trade agreement accession negotiations to the setting of enforcement negotiations in order to guide the empirical assessment. The paper uses instrumental variables to estimate the model on trade volume outcomes from World Trade Organization (WTO) disputes over 1995-2009. The evidence is consistent with theoretical predictions that larger import volume outcomes are associated with products that have smaller increases in foreign exporter-received prices (terms-of-trade losses for the importer) as a result of the dispute, larger pre-dispute import volumes, larger import demand elasticities, and smaller foreign export supply elasticities. Dispute settlement outcome differences are also explained by variation in institutionally-motivated measures of retaliation capacity and the severity of the free-rider problem associated with foreign exporter concentration.

Dispute Settlement --- Economic Theory & Research --- Free Trade --- Terms of Trade --- Trade & Services --- Trade Agreements --- Trade Law --- Trade Policy --- WTO

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Containing contributions by twenty-five scholars, this volume aims to examine the increasingly notable subject of international dispute settlement from an innovative procedural perspective. Indeed, with the ‘jurisdictionalisation’ of international law that has taken place during the last thirty years, both scholars and practitioners have shown an important and growing interest in international law litigation. Yet, little attention has been paid to the procedural aspects thereof. In building upon research into subfields of international litigation (general international law analysis, international economic law procedures, human rights and European law mechanisms), this book endeavours to provide an up-to-date seminal picture of the evolution of the role of procedure across these domains as well as an overall illustration of the field.

International Law --- International Procedural Law --- International adjudication --- Litigation --- Dispute Settlement --- Procedural Rules --- Internationales Privatrecht --- Internationales Verfahrensrecht --- International litigation --- Streitschlichtung

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The footwear case provides an example of the complexities of World Trade Organization (WTO) rules on the use of safeguards, and of the interaction of multilateral and regional processes of liberalization. As a result both of Argentina's unilateral liberalization and the removal of barriers within Mercosur, imports of footwear increased rapidly. As Mercosur provides no intra-regional safeguard mechanism, the government of Argentina responded by applying import relief and WTO safeguards against third countries. The WTO Dispute Settlement Body addressed these measures and as a consequence, Argentina dismantled most of them, leading to four main conclusions: The jurisprudence of the WTO's Appellate Body has created serious uncertainty as to when a country can use safeguards. This does not contribute to the political balance that has to be maintained when developing countries implement trade liberalization programs. In fact, it detracts from this crucial goal. It is an error to negotiate ambiguous multilateral agreements on the expectation that the WTO Dispute Settlement mechanism will clarify them. An overvalued currency heightened the industry's problems. In the case of footwear, the decline in imports following the recent devaluation was more important than that following the implementation of earlier relief measures. The political economy of liberalization also indicates the need for regional agreements to include adequate transition mechanisms that will facilitate adjustment to free trade and to maintain support for it.

Appellate Body --- Currencies and Exchange Rates --- Dispute Settlement --- Dispute Settlement Body --- Dispute Settlement Mechanism --- Economic Theory and Research --- Emerging Markets --- Exchange Rate --- Finance and Financial Sector Development --- Free Trade --- Import Relief --- International Economics & Trade --- International Trade --- Law and Development --- Liberalization Of Trade --- Macroeconomics and Economic Growth --- Multilateral Agreements --- Policy Research --- Private Sector Development --- Public Sector Development --- Regional Agreements --- Regional Integration --- Regional Integration Agreements --- Regional Trade --- Safeguard Measures --- Trade --- Trade Barriers --- Trade Law --- Trade Liberalization --- Trade Policy --- World Trade Organization