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International Adjudication on TrialThe Effectiveness of the WTO Dispute Settlement System$
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Sivan Shlomo Agon

Print publication date: 2019

Print ISBN-13: 9780198788966

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780198788966.001.0001

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Trade Wars, Trade-Offs, and the International Rule of Law

Trade Wars, Trade-Offs, and the International Rule of Law

Chapter:
(p.169) 7 Trade Wars, Trade-Offs, and the International Rule of Law
Source:
International Adjudication on Trial
Author(s):

Sivan Shlomo Agon

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198788966.003.0010

This chapter sets the scene for the analysis of the operation and goal-attainment patterns of the World Trade Organization (WTO) Dispute Settlement System (DSS) in ‘perennial’ disputes, the dispute category at the centre of Part III, which provides another instructive venue for exploring whether and how the unique challenges posed before the DSS in this class of cases shape stakeholders’ expectations from the DSS, shift the emphasis among its various goals, and stimulate trade-offs between them. After discussing the main challenges associated with perennial disputes, the chapter situates these conflicts within the broader historical and institutional context of the multilateral trading system. The chapter then challenges the common appellation of such cases as ‘wrong’ cases due to their heightened prospects of noncompliance, while pointing to the shift away from compliance taking place in such conflicts and the enhanced role the DSS comes to play at the interstice between law and politics, with a view to achieving other organizational objectives.

Keywords:   perennial disputes, ‘wrong’ cases, trade wars, WTO DSS, judicial effectiveness, noncompliance, regime maintenance, dispute settlement, renegotiation, rebalancing the scales

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