Why Settle For Less?
An Analysis of Settlement in WTO Disputes.
Jillian Feirson
Joint Winner of the Prize for Best Dissertation,
MSc Development Studies (2013)
Abstract
This paper examines the negotiated settlement of disputes in the WTO according to the trade agreement in question and the terms of settlement. It argues that vague provisions in the disputed agreement can produce settlements that are incongruent with Members' original commitments. The risks of settlement may be amplified where disputants face power and capacity constraints to successful use of the DSM. Under conditions of legal uncertainty and power asymmetry, litigation rather than settlement offers an opportunity for clarity. In knowing the rules, Members can pursue development policies with confidence, reinforcing the security and predictability of the world trade system.
Keywords
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Dispute settlement
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World Trade Organisation
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Development policy
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TRIPs
Download the dissertation here.