Judicialization Matters! A Comparison of Dispute Settlement Under Gatt and the WTO
Bibliographic Data
| ID | 6273262 |
|---|---|
| Authors | Bernhard Zangl (University of Bremen, corresponding author) |
| Year | 2008 |
| Volume | 52 |
| Issue | 4 |
| Pages | 825-854 |
| Publication date | 2008-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Studies Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-8833 • E-ISSN: 1468-2478 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1111/j.1468-2478.2008.00528.x |
| OpenAlex | W2005856545 |
| Language | EN |
| Citations received | 31 |
| References cited | 63 |
By analyzing disputes between the United States and the EU under General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) respectively, the paper demonstrates that the judicialization (or legalization) of international dispute settlement procedures (IDSPs) can contribute to states' compliance with (these) dispute settlement mechanisms. The article compares four sets of pairwise similar disputes which the United States had with the EU: the so-called Domestic International Sales Corporations case (which arose under GATT) and the Foreign Sales Corporations case (which was settled through WTO procedures), the Steel case (GATT) and the Patents case (WTO), the two Hormones cases under GATT and the WTO respectively, the Citrus case (GATT) and the Bananas case (WTO). In each of the four comparisons, the United States acted more in accordance with the judicial WTO dispute settlement procedures than with the diplomatic GATT procedures. We can therefore say that contrary to realist assumptions, the judicialization of IDSPs can contribute to their effectiveness. However, contrary to idealist assumptions the effectiveness of IDSPs does not automatically follow from their judicialization. Yet, as assumed by institutionalists, judicialized IDSPs are better than diplomatic IDSPs in sustaining states' compliance with these procedures precisely because of their normative and strategic effects
Business · Economics · International trade · Law and economics · Political science · Settlement (finance · Corporate Law and Human Rights · Finance · International Arbitration and Investment Law · Law · World Trade Organization Law
Institutional Choice and Global Commerce
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Extended Endogenous and Exogenous Protection in the EU-US Banana Disputes
Domestic political implications of global value chains
The LIO’s growing democracy gap
WTO Judicial Politics and EU Trade Policy
Drowning Protection in the Multilateral Bath
The Changing Status of Developing Countries under the World Trade Organization Dispute Settlement Mechanism
It’s the End of the World as We Know It”
Learning and the Precision of International Investment Agreements
Does the WTO exacerbate international conflict
The relative effectiveness of overlapping international institutions
The European Union, Preferential Trade Agreements, and the International Regulation of Sustainable Biofuels
The Diminishing Returns to Trade Policy in the European Union
Contestation in a World of Liberal Orders
The EU as Promoter of Environmental Norms in the Doha Round
To enforce or not to enforce? Judicialization, venue shopping, and global regulatory harmonization
World Trade Organization judicialization and preference convergence in EU trade policy
The EU, the US, and trade policy
Overlapping Institutions, Learning, and Dispute Initiation in Regional Trade Agreements
From Norm Violations to Norm Development
Gravitation or discrimination? Determinants of litigation in the World Trade Organisation
The Bigger, the Better
State Transformations in OECD Countries
Opening the Doors to the WTO Dispute Settlement
Dispute settlement in world politics
Between law and politics
From political judgements to public justifications (and vice versa)
Which post-Westphalia? International organizations between constitutionalism and authoritarianism
Does International Law Promote the Peaceful Settlement of International Disputes? Evidence from the Study of Territorial Conflicts since 1945
Legalization' in international relations
Interessen und Institutionen in der internationalen Politik
The Making of an International Rule of Law in Europe
On the Rule of Law
Governing with Judges
National Interests in International Society
The Twenty Years’ Crisis, 1919–1939
Toward a Theory of Effective Supranational Adjudication
The culture of national security
The political economy of regionalism
Política entre las naciones
The Power of Legitimacy Among Nations
Establishing the Supremacy of European Law
The Limits of International Law
Environmental Regime Effectiveness
Rules, Norms, and Decisions
The halse Promise of International Institutions
Social Theory of International Politics
Ideas and Foreign Policy
Politics Among Nations
The international rule of law
Rules, Norms, and Decisions. On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs
Military Effectiveness
Back to the Future
Consensus Lost. Consensus Regained
The world trading system
Politics Among Nations
The Jurisprudence of International Trade
Income tax—U.S. foreign sales corporation tax practices—Gatt Agreement on Subsidies and Countervailing Measures—GA TT Agreement on Agriculture—effect on appeal of failure to raise issue before WTO dispute settlement pane
United States—Section 337 of the Tariff Act of 1930
Contemporary Practice of the United States Relating to International Law
The European Court of Justice, National Governments, and Legal Integration in the European Union
Norms reconstituting interests
The Politics of Dispute Settlement Design
Legalized Dispute Resolution
Interests, power, and multilateralism
Hard and Soft Law in International Governance
Legalization, Trade Liberalization, and Domestic Politics
The Rational Design of International Institutions
Is the good news about compliance good news about cooperation
Let's Argue
Private Litigants and the New International Courts
Bringing courts back in
Is WTO Dispute Settlement Effective
Explaining Compliance and Defection
The Paradox of Hegemony
Why Do Nations Obey International Law
World Peace through World Law
Stability and Rigidity
Ideas & Foreign Policy
| Unique citing works | 31 |
|---|---|
| Citations per year | 1,94 |
| Citation span | 2010 - 2024 (15) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 31 |