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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

The Multilateral Trade System Goes Bananas

The Multilateral Trade System Goes Bananas

(p.180) 8 The Multilateral Trade System Goes Bananas
International Adjudication on Trial

Sivan Shlomo Agon

Oxford University Press

The transatlantic Bananas dispute rambled on in the multilateral trade system for almost two decades. The convoluted conflict, standing at the centre of this chapter, provides a useful starting point for studying the goal-attainment efforts exhibited by the World Trade Organization (WTO) Dispute Settlement System (DSS) in perennial disputes, together with the goal-shifting and goal-conflict patterns characterizing such cases. The chapter first provides a brief background of the Bananas case. It then recounts the dispute’s major turning points in the multilateral trading system, and identifies the main factors rendering the conflict so prolonged and resistant to resolution. On these foundations, the chapter turns to a close goal-based reading of EC-Bananas, tracing the DSS’s goal-attainment efforts and the goal shifts marking this lengthy dispute. Thereafter, the chapter examines the resulting conflicts between DSS goals and the mixed, noncompliant outcomes ultimately produced in EC-Bananas, while assessing their ramifications for an analysis of the system’s effectiveness.

Keywords:   EC-Bananas dispute, WTO DSS, judicial effectiveness, noncompliance, renegotiation, regime stability, dispute settlement, international cooperation, rebalancing, unilateral actions

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