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来源类型 | Policy Brief |
规范类型 | 简报 |
来源ID | Policy Brief18-5 |
The Dispute Settlement Crisis in the World Trade Organization: Causes and Cures | |
Tetyana Payosova (Harvard Law School); Gary Clyde Hufbauer; Jeffrey J. Schott | |
发表日期 | 2018-03-01 |
出版年 | 2018 |
语种 | 英语 |
摘要 | Since its inception in 1995, the World Trade Organization’s (WTO) dispute settlement mechanism has resolved an impressive number of trade disputes and has earned a reputation as the “crown jewel” of the global trading system. Today, however, the mechanism is in crisis. WTO members have failed to negotiate updates to the rulebook, including rules on dispute settlement itself. As a result, the WTO Appellate Body increasingly is asked to render decisions on ambiguous or incomplete WTO rules. Its interpretations of such provisions have provoked charges by the United States and others that binding Appellate Body rulings, which establish precedents for future cases, effectively circumvent the prerogative of member countries to revise the WTO rulebook and thus undercut the national sovereignty of WTO members. For the past few years, US officials have blocked appointments of Appellate Body members to force WTO members to negotiate new rules that address US concerns and limit the scope for judicial overreach. If this problem is not resolved, the Appellate Body soon will not have enough members to review cases and the vaunted WTO dispute settlement system will grind to a halt. |
主题 | United States ; World Trade Organization ; Disputes |
URL | https://www.piie.com/publications/policy-briefs/dispute-settlement-crisis-world-trade-organization-causes-and-cures |
来源智库 | Peterson Institute for International Economics (United States) |
资源类型 | 智库出版物 |
条目标识符 | http://119.78.100.153/handle/2XGU8XDN/454928 |
推荐引用方式 GB/T 7714 | Tetyana Payosova ,Gary Clyde Hufbauer,Jeffrey J. Schott. The Dispute Settlement Crisis in the World Trade Organization: Causes and Cures. 2018. |
条目包含的文件 | ||||||
文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
pb18-5.pdf(199KB) | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 |
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