By Chad P. Bown, Joost Pauwelyn
The WTO permits its individuals to retaliate within the face of persisted non-compliance. After greater than ten years' operation and ten arbitration disputes, this quantity assesses the legislations, economics and politics of exchange sanctions in WTO dispute cost. together with greater than thirty contributions from major lecturers, exchange diplomats and practitioners, it bargains an intensive research of the felony ideas on permissible WTO retaliation in addition to an review of the industrial reason and calculations at the back of the mechanism. furthermore, it offers first hand studies of these international locations that experience acquired WTO authorisation to retaliate, starting from the U.S. and the EC to Mexico and Antigua. during this overview, the query of the way to make the method paintings additionally for small international locations is paramount. ultimately, the amount spells out classes which may be discovered from similar fields resembling treatments for non-compliance in funding arbitration and pageant or anti-trust regimes.
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Extra resources for The Law, Economics and Politics of Retaliation in WTO Dispute Settlement (Cambridge International Trade and Economic Law)
Morelli, ‘La théorie générale du procès international’, RC, 61 (1937: III), 253–373; A. Cassese, ‘The Concept of “Legal Dispute” in the Jurisprudence of the ICJ’, Comunicazioni e Studi, vol. XIV (Milano, 1975), 173ff; C. Santulli, Droit du contentieux international (2005), 4. 8 Emmerich de Vattel, ‘De l’Arbitrage’, Le Droit des Gens, vol. II, para. 329. 9 See also Publications of the Permanent Court of International Justice, Series B, No. 3, 1924; PCIJ, Series A, No. 2; The Mavrommatis Palestine Concessions case, where the clas sical definition of legal dispute is found.
Malacrida is less enthusiastic than Bown in this respect. He calls for ‘a healthy degree of caution … in view of the limitations of quantitative economics’ and stresses that input by economists must be limited to ‘non-binding guid ance’. Most contributors agree, however, that arbitrators can and should appoint independent economic experts to assist them. Sacerdoti, a current member of the WTO Appellate Body, describes the situation as follows: It is clear that competence in trade, economy, statistics, consumer behav iour, price elasticity and products substitution are called for.
Although clarification of this purpose or goal surely does not solve all problems, nor is it able to provide exact numbers,4 it can offer crucial insights as a contextual element. ). This will be done mainly for the calculation (or quantity) aspects of trade retaliation, but will have repercussions also on questions of design (or quality). 2 of the DSU). ), WTO rules leave most of the decisions (with the exception of some limits on cross-retaliation6) to the discretion of the retaliating country.