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The Litigious State: U.S. Trade Policy

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0004
Subject:
Political Science, International Relations and Politics

This chapter examines the role of domestic political interests in the selection of U.S. cases for World Trade Organization (WTO) adjudication. It first considers how the United States has taken a ... More


The Reluctant Litigant: Japanese Trade Policy

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0005
Subject:
Political Science, International Relations and Politics

This chapter examines Japanese trade policy to promote market access for exports. It considers how the delegation of authority to the bureaucracy influences the choice of trade strategies by Japan. ... More


Optimizing the Process of Fact-Finding

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0001
Subject:
Law, Public International Law

This chapter presents some basic ideas to be used in the enterprise of understanding, assessing, and designing suggestions for improving the process of fact-finding (or process of proof) in WTO ... More


The Democratic Propensity for Adjudication

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0003
Subject:
Political Science, International Relations and Politics

This chapter examines the democratic propensity for adjudication by conducting a statistical analysis of the use of adjudication by eighty-one states during the period 1975–2004. It uses the data to ... More


Domestic Constraints and Active Enforcement

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0002
Subject:
Political Science, International Relations and Politics

This chapter examines the role of courts in the ability of democratic politicians to support international commitments. Taking a closer look at the domestic political origins of trade disputes is ... More


Introduction

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0001
Subject:
Political Science, International Relations and Politics

This book examines why democratic institutions for accountability encourage use of adjudication to resolve trade disputes. It argues that governments file a formal legal complaint for World Trade ... More


MFN and the Third-party Economic Interests of Developing Countries in GATT/WTO Dispute Settlement

Chad P Bown

in Developing Countries in the WTO Legal System

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195383614
eISBN:
9780199855445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383614.003.0011
Subject:
Law, Public International Law

This chapter focuses on the indirect or “third-party” interest of developing countries in WTO trade disputes over market access. It then documents the various economic reasons why a country may have ... More


Conclusion

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0008
Subject:
Political Science, International Relations and Politics

This book has investigated why states use adjudication for trade disputes, showing that domestic political pressure influences trade law enforcement through legal strategies. It has also examined the ... More


Conflict Management: Evaluating the Effectiveness of Adjudication

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0006
Subject:
Political Science, International Relations and Politics

This chapter examines the effectiveness of legal complaints to bring an end to trade disputes. Using quantitative data from the United States, it shows that when comparing similar kinds of disputes ... More


Functioning of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0003
Subject:
Law, Public International Law

The previous chapter introduced some basic concepts related to the process of fact-finding and briefly outlined how those concepts are applied in international dispute settlement proceedings, ... More


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