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(WTO) is an incomplete contract among sovereign states. Incomplete contracts contain gaps. Ex post, contractual gaps may … backtracking behavior. This paper examines the somewhat understudied issue of optimal trade policy flexibility design in the WTO … 'liability rule' of escape), or a bilateral renegotiation provision (a 'property rule' of escape). Modeling the WTO as a fully …
Persistent link: https://www.econbiz.de/10010316780
subsequent issues of WTO enforcement and the interpretation of the wording of the dispute settlement understanding. They thereby … which has permeated WTO scholarship for the last 10 years. Our main criticism concerns the substance of the entire debate … mechanisms and the optimal design of the appropriate remedies. We redefine and recalibrate the compliance/rebalancing controversy …
Persistent link: https://www.econbiz.de/10010316752
of WTO enforcement and the legal nature of dispute panels’ recommendations: Compliance advocates maintain that the … objective of WTO enforcement is to induce compliance with DSB panel/AB rulings, and to deter future violations of the Agreement …, while rebalancing advocates detect an inherent “pay-or-perform” logic in WTO enforcement. In the paper we examine the …
Persistent link: https://www.econbiz.de/10005700748
most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains … models of enforcement (primarily concerned with acts of punishment) for being insufficient in explaining the existence of …
Persistent link: https://www.econbiz.de/10010326684
most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains … models of enforcement (primarily concerned with acts of punishment) for being insufficient in explaining the existence of …
Persistent link: https://www.econbiz.de/10011115011
; enforcement ; WTO … (WTO) is an incomplete contract among sovereign states. Incomplete contracts contain gaps. Ex post, contractual gaps may … backtracking behavior. This paper examines the somewhat understudied issue of optimal trade policy flexibility design in the WTO …
Persistent link: https://www.econbiz.de/10003874811
processes for resolving disputes including the WTO and European Court of Human Rights, and considers how ISDS may affect …; (ii) the costs of ISDS cases; (iii) remedies for foreign investors under investment treaties and their possible impact on … a level playing field for domestic and foreign investors; (iv) the enforcement and execution of ISDS awards; (v) third …
Persistent link: https://www.econbiz.de/10011276702
Increasing moves away from multilateralism have created a fragmented trade and investment scenario where economies progressively combine the application of restrictive unilateral actions with bilateral and regional preferences. The application of, and exceptions to, the non-discrimination...
Persistent link: https://www.econbiz.de/10012249090
most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains … models of enforcement (primarily concerned with acts of punishment) for being insufficient in explaining the existence of …
Persistent link: https://www.econbiz.de/10003544790
WTO Agreement. -- WTO ; dispute settlement ; incomplete contracts ; remedies ; enforcement … subsequent issues of WTO enforcement and the interpretation of the wording of the dispute settlement understanding. They thereby … which has permeated WTO scholarship for the last 10 years. Our main criticism concerns the substance of the entire debate …
Persistent link: https://www.econbiz.de/10003874814