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Quarterly Journal of Economics Vol. 126 No. 1 2011

The Role of Dispute Settlement Procedures in International Trade Agreements*

Giovanni Maggi; Robert W. Staiger

Abstract

Although disputes are typically treated as synonymous with concerns about enforcement in economic models of trade agreements, in reality most WTO disputes seem to concern the interpretation of vague provisions, or instances where the agreement is silent. And some have suggested that the WTO's Dispute Settlement Body (DSB) could usefully grant exceptions to rigid contractual obligations. These activist DSB roles could help “complete” an incomplete contract. But how activist should the DSB be? Should DSB rulings set precedent? We address these questions by characterizing the optimal choice of contract form and DSB mandate under various contracting conditions. JEL Codes: D02, D78, D86, F13, K12, K33.

DOI
10.1093/qje/qjq005
Volume
126
Issue
1
Pages
475-515
Language
en
Sources
bibtex:phds-export.bib openalex crossref

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