Journal Article

Independence Under Fire: Extra-legal Pressures and Coalition Building in WTO Dispute Settlement

John Maton and Carolyn Maton

in Journal of International Economic Law

Volume 10, issue 2, pages 317-334
Published in print June 2007 | ISSN: 1369-3034
Published online April 2007 | e-ISSN: 1464-3758 | DOI: http://dx.doi.org/10.1093/jiel/jgm008
Independence Under Fire: Extra-legal Pressures and Coalition Building in WTO Dispute Settlement

More Like This

Show all results sharing these subjects:

  • Financial Law
  • Public International Law
  • Economics

GO

Show Summary Details

Preview

This study uses detailed quantitative analyses of the complete history of rulings made by the Panels and the Appellate Body of the WTO Dispute Settlement Mechanism during its first ten years of operation, to assess the robustness of theories regarding the decision-making of these institutions. Regression analyses are used to test for correlation between the success of Complainants in dispute settlement and a variety of factors, representing the hypothesized capacity of states to influence Panels and the Appellate Body through dimensions of political and economic power, the impact of the relative practical capacities of states in dispute settlement proceedings, and the formation of coalitions of states in support of a particular Complainant or Respondent. The results of the regression analyses – that few significant correlations exist between the independent variables and the dispute outcomes – provide evidence that the judicial institutions of the Dispute Settlement Mechanism are independent from Member State influence. The one reliable correlation found in these analyses demonstrates that a Complainant state does have substantial advantage in Panel proceedings if it has previously participated in more disputes than the Respondent.

Journal Article.  7758 words. 

Subjects: Financial Law ; Public International Law ; Economics

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.