IDEAS home Printed from https://ideas.repec.org/p/pra/mprapa/7613.html
   My bibliography  Save this paper

Globalization and the WTO Dispute Settlement Mechanism: Making a Rules-based Trading Regime Work

Author

Listed:
  • Khan, Haider
  • Liu, Yibei

Abstract

We discuss thje role of the dispute settlement mechanism (DSM) of the World Trade Organization (WTO) in the context of a complex characterization of globalization.The dispute settlement mechanism (DSM) of the World Trade Organization (WTO) is at present a controversial exercise at the international level. Reasonable people disagree as to whether it has enhanced and maintained equality between developing and developed countries. Through examining its concrete provisions, procedures and several important factors such as resource availability and political influence outside the WTO, it can be found that there are conditions under which the new rule-based DSM can indeed contribute to promoting developing countries’ status in the system . Consequently, it can provide them with more power to defend their own interests. However, the DSM still does not eliminate the power-based relationships among countries. Developing countries are still affected by biases, which stem from several sources such as high financial and legal resource costs, political pressure generated outside the WTO, declarative WTO legal provisions, etc..A reformed WTO with less asymmetry of power will result in a higher level of global social welfare.

Suggested Citation

  • Khan, Haider & Liu, Yibei, 2008. "Globalization and the WTO Dispute Settlement Mechanism: Making a Rules-based Trading Regime Work," MPRA Paper 7613, University Library of Munich, Germany, revised 2008.
    • Handle: RePEc:pra:mprapa:7613
    as

    Download full text from publisher

    File URL: https://mpra.ub.uni-muenchen.de/7613/1/MPRA_paper_7613.pdf
    File Function: original version
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Holmes, Peter & Rollo, Jim & Young, Alasdair R., 2003. "Emerging trends in WTO dispute settlement : back to the GATT?," Policy Research Working Paper Series 3133, The World Bank.
    2. Shaffer, Gregory, 2006. "The challenges of WTO law: strategies for developing country adaptation," World Trade Review, Cambridge University Press, vol. 5(2), pages 177-198, July.
    3. Narlikar, Amrita, 2005. "The World Trade Organization: A Very Short Introduction," OUP Catalogue, Oxford University Press, number 9780192806086.
    4. Constantine Michalopoulos, 1999. "The Developing Countries in the WTO," The World Economy, Wiley Blackwell, vol. 22(1), pages 117-143, January.
    5. Haider A. Khan, 2004. "Global Markets and Financial Crises in Asia," Palgrave Macmillan Books, Palgrave Macmillan, number 978-0-230-00079-7, December.
    6. Jackson, John H, 1998. "Dispute Settlement and the WTO: Emerging Problems," Journal of International Economic Law, Oxford University Press, vol. 1(3), pages 329-351, September.
    7. Chad P. Bown, 2004. "Developing Countries as Plaintiffs and Defendants in GATT/WTO Trade Disputes," The World Economy, Wiley Blackwell, vol. 27(1), pages 59-80, January.
    8. William J. Davey, 2005. "The WTO Dispute Settlement System: The First Ten Years," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 17-50, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Khan, Haider, 2008. "Making Globalization Work: Towards Global Economic Justice," MPRA Paper 7864, University Library of Munich, Germany, revised 2008.
    2. Khan, Haider, 2013. "Globalization and Democracy: A Short Introduction," MPRA Paper 49515, University Library of Munich, Germany.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jeanne Métivier & A. Bouët, 2017. "Is the WTO dispute settlement procedure fair to developing countries?," Post-Print hal-02273686, HAL.
    2. Antoine Bouët & Jeanne Métivier, 2020. "Is the dispute settlement system, “jewel in the WTO’s crown”, beyond reach of developing countries?," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 156(1), pages 1-38, February.
    3. Fabien BESSON & Racem MEHDI, 2010. "Is WTO Dispute Settlement System Biased Against Developing Countries? An Empirical Analysis," EcoMod2004 330600022, EcoMod.
    4. Götz, Christian & Heckelei, Thomas & Rudloff, Bettina, 2010. "What makes countries initiate WTO disputes on food-related issues?," Food Policy, Elsevier, vol. 35(2), pages 154-162, April.
    5. Ziaul Abedin & Mohammad Ali Tareq, 2008. "Trends of Trade Disputes During the WTO Regime," AIUB Bus Econ Working Paper Series AIUB-BUS-ECON-2008-04, American International University-Bangladesh (AIUB), Office of Research and Publications (ORP), revised Jan 2008.
    6. Julián Tole Martínez, 2014. "Solución de controversias en los TLC. Aportes del Derecho de la OMC," Books, Universidad Externado de Colombia, Facultad de Derecho, edition 1, volume 1, number 702, htpr_v3_i.
    7. Bown, Chad P. & Bernard M., Hoekman, 2007. "Developing countries and enforcement of trade agreements : why dispute settlement is not enough," Policy Research Working Paper Series 4450, The World Bank.
    8. Andrew T. Guzman & Beth A. Simmons, 2005. "Power Plays and Capacity Constraints: The Selection of Defendants in World Trade Organization Disputes," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 557-598, June.
    9. R A Read, 2005. "Trade dispute settlement mechanisms: the WTO dispute settlement understanding in the wake of the GATT," Working Papers 564824, Lancaster University Management School, Economics Department.
    10. Bartels Lorand, 2013. "Making WTO Dispute Settlement Work for African Countries: An Evaluation of Current Proposals for Reforming the DSU," The Law and Development Review, De Gruyter, vol. 6(2), pages 47-66, August.
    11. Arvind PANAGARIYA, 2000. "The Millennium Round And Developing Countries: Negotiating Strategies And Areas Of Benefits," G-24 Discussion Papers 1, United Nations Conference on Trade and Development.
    12. Khan, Haider, 2023. "China’s Augmented National Innovation System (ANIS) and the Future: A Nonlinear Complex Systems Model with Application to Semiconductors and AI," MPRA Paper 116836, University Library of Munich, Germany.
    13. Oskam, A.J. & Komen, M.H.C. & Wobst, P. & Yalew, A., 2004. "Trade policies and development of less-favoured areas: evidence from the literature," Food Policy, Elsevier, vol. 29(4), pages 445-466, August.
    14. Lee, Jiwon & Wittgenstein, Teresa, 2017. "Weak vs. Strong Ties: Explaining Early Settlement in WTO Disputes," ILE Working Paper Series 7, University of Hamburg, Institute of Law and Economics.
    15. Sunday S. Akpan & Fauziah Mahat & Bany-Ariffin Noordin & Annuar Nassir, 2017. "Contrasting the Effect of Risk- and Non Risk-Based Capital Structure on Insurers’ Performance in Nigeria," Social Sciences, MDPI, vol. 6(4), pages 1-17, November.
    16. Johan Lindeque & Steven McGuire, 2007. "The United States and trade disputes in the World Trade Organization: Hegemony constrained or confirmed?," Management International Review, Springer, vol. 47(5), pages 725-744, September.
    17. Read, Robert, 2004. "Like Products, Health and Environmental Exceptions: The Interpretation of PPMs in Recent WTO Trade Dispute Cases," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 5(2), pages 1-24.
    18. Jonathan Perraton, 2019. "The scope and implications of globalisation," Chapters, in: Jonathan Michie (ed.), The Handbook of Globalisation, Third Edition, chapter 3, pages 50-76, Edward Elgar Publishing.
    19. Michiel Keyzer & Max Merbis & Roelf Voortman, 2008. "The Biofuel Controversy," De Economist, Springer, vol. 156(4), pages 507-527, December.
    20. Dreher, Axel & Voigt, Stefan, 2011. "Does membership in international organizations increase governments' credibility? Testing the effects of delegating powers," Journal of Comparative Economics, Elsevier, vol. 39(3), pages 326-348, September.

    More about this item

    Keywords

    dispute settlement mechanism (DSM); World Trade Organization (WTO) ; Globalization;
    All these keywords.

    JEL classification:

    • F15 - International Economics - - Trade - - - Economic Integration
    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F10 - International Economics - - Trade - - - General

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:7613. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Joachim Winter (email available below). General contact details of provider: https://edirc.repec.org/data/vfmunde.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.