The Demise of WTO Dispute Settlement: Are Dispute Settlement Mechanisms Under Free Trade Agreements a Viable Substitute?
15 Pages Posted: 12 Jul 2019
Date Written: July 11, 2019
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: 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
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