Götz, Christian: Economic incentives of the WTO dispute settlement system with an empirical focus on the agro-food sector. - Bonn, 2012. - Dissertation, Rheinische Friedrich-Wilhelms-Universität Bonn.
Online-Ausgabe in bonndoc: https://nbn-resolving.org/urn:nbn:de:hbz:5n-30159
@phdthesis{handle:20.500.11811/5135,
urn: https://nbn-resolving.org/urn:nbn:de:hbz:5n-30159,
author = {{Christian Götz}},
title = {Economic incentives of the WTO dispute settlement system with an empirical focus on the agro-food sector},
school = {Rheinische Friedrich-Wilhelms-Universität Bonn},
year = 2012,
month = nov,

note = {The thesis contributes to the understanding of the drivers in countries’ decision to adjudicate trade issues under the Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO). The DSM is a rules-based device for the resolution of conflicts arising over the interpretation of trade law under the regime of the organization. The DSM is self-enforcing, i.e. all actions of disputes are driven by the parties to the dispute. This Member-driven nature of the DSM implies that the conditions of its use are determined by market-related incentives, Members’ resource endowments and constraints, and the characteristics of the political economic relationship between potential complainants and defendants.
Negotiations on improvements of the DSM are going on since 1997 without yielding any resolution so far. The negotiations aim at making the DSM more effective and to allow for equal accessibility of the system to all types of Members. Reform proposals span a broad field; however, a targeted improvement of the system requires a thorough understanding of economic incentives and constraints faced by the potential users of the system.
Apart from an introduction, the thesis comprises two empirical and a theoretical chapter. The empirical parts are focused on the agro-food sector to provide a more in-depth analysis of sector-related characteristics. The starting point is an aggregated analysis on capacity- and sector-related traits of initiating Members and is based on a Binomial dispute distribution model adapted from the literature. The second empirical chapter builds upon the analysis of the first but shifts the focus to bilaterally dependent characteristics, which are of essential relevance for the enforcement of compliance. The empirical intricacy implied by the pure bilateral approach is solved by the application of the Weighted Endogenous Sampling Maximum Likelihood (WESML) estimator.
Results show that Members’ tendency toward protectionist policies decrease and the level of protectionism faced in their exports increase their probability to initiate disputes. The first finding suggests a strategic behavior and may also reflect Members’ general tendency towards market liberalization. The second finding is in line with the system’s objectives. Also, Members’ operating experience shows a positive effect on their number of filed disputes. This can be rationalized by decreased fixed costs of litigation and by gained efficiency in the processing of disputes through experience. In addition, the positive influence of lobbying activity, their dependency on the defendant’s market for exports and the value of agro-food imports from the defendant country could be supported.
The empirical investigations are complemented by a theory paper. Drawing on the findings mentioned above and those from previous empirical investigations on WTO dispute settlement, the chapter develops a comprehensive economic modeling framework for the initiation of disputes. It thereby may serve as a tool for the evaluation of the system’s status quo and the assessment of envisaged system changes.},

url = {https://hdl.handle.net/20.500.11811/5135}
}

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