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17 - Dispute Settlement in Free Trade Agreements as a Suggested Alternative to WTO Dispute Settlement

from Part IV - Regional Approaches for International Economic Dispute Settlement

Published online by Cambridge University Press:  07 August 2021

By
Jenya Grigorova  and
Elli Zachari
Edited by
Manfred Elsig ,
Rodrigo Polanco  and
Peter van den Bossche
Manfred Elsig
Affiliation:
Universität Bern, Switzerland
Rodrigo Polanco
Affiliation:
Universität Bern, Switzerland
Peter van den Bossche
Affiliation:
Universität Bern, Switzerland
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Summary

Free Trade Agreements (FTAs) include substantive rights and obligations like those set out in the WTO Agreement. Most FTAs also contain provisions establishing mechanisms for third-party adjudication of disputes that may arise between the parties. This leads to on overlap of jurisdiction (Kwak and Marceau 2006), whereby WTO Members could challenge their FTA partners’ measures in the WTO and under the respective FTA dispute settlement mechanism (DSM).

Type
Chapter
Information
International Economic Dispute Settlement
Demise or Transformation?
 , pp. 470 - 492
Publisher: Cambridge University Press
Print publication year: 2021

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References

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