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4 - The Role of Economics in WTO Dispute Settlement and Choosing the Right Litigation Strategy – A Practitioner’s View

from Part I - The Use of Economics in International Trade and Investment Disputes: A Practitioner’s View

Published online by Cambridge University Press:  13 April 2017

Theresa Carpenter
Affiliation:
Graduate Institute of International and Development Studies, Geneva
Marion Jansen
Affiliation:
International Trade Centre, Geneva
Joost Pauwelyn
Affiliation:
Graduate Institute of International and Development Studies, Geneva
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Publisher: Cambridge University Press
Print publication year: 2017

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References

van Aaken, Anne (2010) “Opportunities for and Limits to an Economic Analysis of International Law,” Working Paper, ssrn.com/abstract=1635390.Google Scholar
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Bown, Chad P. (2009) Self-Enforcing Trade: Developing Countries and WTO Dispute Settlement. Washington, DC: Brookings Institution Press.Google Scholar
Bown, Chad P. (2010) “The WTO Secretariat and the Role of Economics in Panels and Arbitrations,” in Bown, Chad P. and Pauwelyn, Joost (eds.), The Law, Economics and Politics of Retaliation in WTO Dispute Settlement (Cambridge: Cambridge University Press, 2010): 391433.CrossRefGoogle Scholar
Bown, Chad P. and Hoekman, Bernard M. (2005) “WTO Dispute Settlement and the Missing Developing Country Cases: Engaging the Private Sector,” Journal of International Economic Law v 8, n 4 (December): 861890.CrossRefGoogle Scholar
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Davey, William J. and Sapir, André (2010). “United States – Subsidies on Upland Cotton Recourse to Article 21.5 by Brazil, WT/DS267/AB/RW (2 June 2008),” World Trade Review, 9 (special issue), pp. 181199.CrossRefGoogle Scholar
Grossman, Gene M. and Sykes, Alan O. (2011) “‘Optimal’ Retaliation in the WTO – A Commentary on the Upland Cotton Arbitration,” 10 World Trade Review 133.CrossRefGoogle Scholar
Pauwelyn, Joost (2012) “The Use, Nonuse and Abuse of Economics in WTO and Investor State Dispute Settlement,” Draft paper, 30 August 2012, ssrn.com/abstract=2141357.Google Scholar
Sapir, André and Trachtman, Joel (2008) “Subsidization, Price Suppression, and Expertise: Causation and Precision in Upland Cotton (with André Sapir),” 7 (Special Issue 1) World Trade Review 183.CrossRefGoogle Scholar
Schropp, Simon (2009a), Trade Policy Flexibility and Enforcement in the WTO: A Law and Economics Analysis, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Schropp, Simon (2009b), “The Equivalence Standard Under Article 22.4 DSU: A ‘Tariffic’ Misunderstanding?,” forthcoming in Bown, Chad P. and Pauwelyn, Joost (eds.), The Law, Economics and Politics of Retaliation in WTO Dispute Settlement, Cambridge: Cambridge University Press, 2010.Google Scholar
WTO (2005). “World Trade Report: Trade, Standards and the WTO,” Geneva: World Trade Organization.Google Scholar

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