Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Dispute Resolution and Arbitration

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk Jan 2011

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …


Problemas Con La Desregulación "Base Cero", Boletín De La Red Mexicana De Competencia Y Regulación Del Cidac, Alejandro Faya Rodriguez Jan 2009

Problemas Con La Desregulación "Base Cero", Boletín De La Red Mexicana De Competencia Y Regulación Del Cidac, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.