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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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Linkage Disputes and the Enduring Quest for Legitimacy

Linkage Disputes and the Enduring Quest for Legitimacy

Chapter:
(p.91) 4 Linkage Disputes and the Enduring Quest for Legitimacy
Source:
International Adjudication on Trial
Author(s):

Sivan Shlomo Agon

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198788966.003.0006

This chapter sets the scene for the analysis of the Dispute Settlement System (DSS) operation and goal-attainment efforts in ‘linkage’ (or ‘trade-and’) disputes, the dispute category at the centre of Part II. As the chapter explains, linkage disputes have long subjected the World Trade Organization (WTO) and the DSS to intense legitimacy challenges; they thus form an instructive site for examining how the systemic challenges raised in such cases shape DSS goal-attainment efforts, motivate shifts and trade-offs between its goals, and, in consequence, affect DSS effectiveness in realizing its manifold objectives. The chapter first clarifies the notion of legitimacy as employed here, and situates the story of linkage disputes in the broader historical and institutional context of the multilateral trading system. It then unpacks the various legitimacy challenges encapsulated in linkage disputes while highlighting the shifts these challenges seem to generate between DSS goals, engaging the system in a heightened quest after its legitimization objectives.

Keywords:   linkage disputes, trade liberalization, nontrade values, DSS legitimation goals, legitimacy deficit, WTO, global governance, WTO DSS, international adjudication

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