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Does legal capacity matter? A survey of WTO Members

Author

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  • BUSCH, MARC L.
  • REINHARDT, ERIC
  • SHAFFER, GREGORY

Abstract

Previous studies of WTO dispute settlement have sought to evaluate whether a Member's legal capacity influences its odds of bringing litigation before the multilateral trade regime. Because direct measures of legal capacity are elusive, these studies have had to use indirect proxies, such as per capita income or number of delegates in Geneva. Yet, the reliability of these measures is questionable. To gauge legal capacity more directly, we surveyed all WTO Members, posing questions concerning their professional staff, bureaucratic organization at home, bureaucratic organization in Geneva, experience handling general WTO matters, and involvement in WTO litigation. Using responses from this survey, we constructed an index of Members' WTO legal capacity that speaks more fully to the challenges of dispute settlement than do commonly used proxies, none of which are strongly correlated with our measure. We supplemented this survey with over three dozen semi-structured interviews with Members' representatives in Geneva, the results of which bear out the importance of properly measuring legal capacity.

Suggested Citation

  • Busch, Marc L. & Reinhardt, Eric & Shaffer, Gregory, 2009. "Does legal capacity matter? A survey of WTO Members," World Trade Review, Cambridge University Press, vol. 8(4), pages 559-577, October.
    • Handle: RePEc:cup:wotrrv:v:8:y:2009:i:04:p:559-577_99
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    Cited by:

    1. Chad Bown & Kara Reynolds, 2015. "Trade flows and trade disputes," The Review of International Organizations, Springer, vol. 10(2), pages 145-177, June.
    2. Lauge N. Skovgaard Poulsen & Emma Aisbett, 2011. "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," Crawford School Research Papers 1105, Crawford School of Public Policy, The Australian National University.
    3. Hyo Won Lee, 2019. "Legalization and dispute settlement benefits: The case of the GATT/WTO," The Review of International Organizations, Springer, vol. 14(3), pages 479-509, September.
    4. Jeheung Ryu & Randall W. Stone, 2018. "Plaintiffs by proxy: A firm-level approach to WTO dispute resolution," The Review of International Organizations, Springer, vol. 13(2), pages 273-308, June.
    5. Kazutaka Takechi, 2023. "How are the precedents of trade policy rules made under the World Trade Organization?," Economics and Politics, Wiley Blackwell, vol. 35(3), pages 806-821, November.
    6. Manfred Elsig & Bernard M. Hoekman & Joost Pauwelyn, 2016. "Thinking about the performance of the World Trade Organization: A discussion across disciplines," RSCAS Working Papers 2016/13, European University Institute.
    7. Julia Gray & Jonathan Slapin, 2012. "How effective are preferential trade agreements? Ask the experts," The Review of International Organizations, Springer, vol. 7(3), pages 309-333, September.
    8. Tarald Gulseth Berge & Øyvind Stiansen, 2023. "Bureaucratic capacity and preference attainment in international economic negotiations," The Review of International Organizations, Springer, vol. 18(3), pages 467-498, July.
    9. Robert Wolfe, 2020. "Reforming WTO Conflict Management. Why and How to Improve the Use of “Specific Trade Concerns”," RSCAS Working Papers 2020/53, European University Institute.
    10. Fattore, Christina, 2013. "Exploring Aviation Rivalries within the Legal Context of the WTO," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 14(2), pages 1-17.
    11. Michael Gilligan & Leslie Johns & B. Peter Rosendorff, 2010. "Strengthening International Courts and the Early Settlement of Disputes," Journal of Conflict Resolution, Peace Science Society (International), vol. 54(1), pages 5-38, February.
    12. Ryan Brutger & Julia Morse, 2015. "Balancing law and politics: Judicial incentives in WTO dispute settlement," The Review of International Organizations, Springer, vol. 10(2), pages 179-205, June.
    13. Wolfe, Robert, 2013. "Letting the sun shine in at the WTO: How transparency brings the trading system to life," WTO Staff Working Papers ERSD-2013-03, World Trade Organization (WTO), Economic Research and Statistics Division.

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