The Demise of WTO Dispute Settlement: Are Dispute Settlement Mechanisms Under Free Trade Agreements a Viable Substitute?

15 Pages Posted: 12 Jul 2019

See all articles by David A. Gantz

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Date Written: July 11, 2019

Abstract

With the likely demise of the WTO dispute settlement mechanism as of December 11, 2019, the question arises as to whether regional trade agreement (RTA) dispute settlement mechanisms such as those in the recent US-Mexico-Canada Agreement can provide an acceptable alternative. The paper concludes that the answer is "no," largely because most such mechanisms can be blocked by respondents simply by their refusal to appoint panelists.

Keywords: WTO, USMCA, CPTPP, free trade agreements, dispute settlement

JEL Classification: F1, F11, F13

Suggested Citation

Gantz, David A., The Demise of WTO Dispute Settlement: Are Dispute Settlement Mechanisms Under Free Trade Agreements a Viable Substitute? (July 11, 2019). Available at SSRN: https://ssrn.com/abstract=3418621 or http://dx.doi.org/10.2139/ssrn.3418621

David A. Gantz (Contact Author)

Univ. Of Arizona College of Law ( email )

P.O. Box 210176
Rogers College of Law
Tucson, AZ 85721-0176
United States
520-490-3004 (Phone)

Mexico Center, Baker Institute ( email )

6100 Main Street, MS-40
Houston, TX 77005
United States
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