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Compliance with WTO dispute settlement decisions: is there a crisis?

John R. Magnus-2005-10-20-Cambridge University Press eBooks
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TL;DRAbstract

Conferences and symposia on the World Trade Organization (WTO) have been proliferating in connection with the organization's tenth anniversary, with a particular focus on the WTO dispute settlement system – how it is working, what difficulties have arisen, how its rules might evolve, etc. These events typically feature a certain amount of hand-wringing over the fact that adopted WTO dispute settlement decisions have only a limited, indirect influence on the subsequent behaviour of losing respondents, and sometimes are not implemented promptly or at all. Some observers have gone so far as to proclaim the existence of a ‘compliance crisis’, with potentially ruinous consequences for the WTO and the trading system more generally.

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Conferences and symposia on the World Trade Organization (WTO) have been proliferating in connection with the organization's tenth anniversary, with a particular focus on the WTO dispute settlement system – how it is working, what difficulties have arisen, how its rules might evolve, etc. These events typically feature a certain amount of hand-wringing over the fact that adopted WTO dispute settlement decisions have only a limited, indirect influence on the subsequent behaviour of losing respondents, and sometimes are not implemented promptly or at all. Some observers have gone so far as to proclaim the existence of a ‘compliance crisis’, with potentially ruinous consequences for the WTO and the trading system more generally.

Keywords

Settlement (finance)World tradeCompliance (psychology)Political scienceInternational tradeBusinessLaw and economicsEconomics

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