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In depth-analysis of the WTO Dispute Settlement Body: a quantitative characterization of the system 20 years after its inception

Publication date: 
Friday 31 October 2014
Author: 
Laura Daicz, Carlos Galperín, Federico Lavopa y Adriana Molina

This work analyzes, from a quantitative perspective, the cases initiated and dealt with within the framework of the WTO Dispute Settlement System. For that reason, a data base was created systematically incorporating all the relevant details of the controversies started at this System since its enforcement. One of the main objectives of this paper is to assess whether the System shows any bias acting contrary to developing countries’ needs. The main results obtained from the analysis of the data show that developing countries have been increasing their participation in the System as complainants and respondents; that the most cited regulations refer to trade defence measures; that the greatest proportion of cases involve industrial products; that developing countries have received more claims for industrial than for agricultural and fisheries products; that the decisions of the Panel and of the Appellate Body are slightly biased against developing countries, both considering the global results and those referred to the claims; and that the “extra juridical” solutions have demonstrated to play an important role in the System’s functioning. 

 

Numeration: 
4
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