Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-wq484 Total loading time: 0 Render date: 2024-04-28T10:48:01.163Z Has data issue: false hasContentIssue false

17 - Dispute Settlement in Free Trade Agreements as a Suggested Alternative to WTO Dispute Settlement

from Part IV - Regional Approaches for International Economic Dispute Settlement

Published online by Cambridge University Press:  07 August 2021

Manfred Elsig
Affiliation:
Universität Bern, Switzerland
Rodrigo Polanco
Affiliation:
Universität Bern, Switzerland
Peter van den Bossche
Affiliation:
Universität Bern, Switzerland
Get access

Summary

Free Trade Agreements (FTAs) include substantive rights and obligations like those set out in the WTO Agreement. Most FTAs also contain provisions establishing mechanisms for third-party adjudication of disputes that may arise between the parties. This leads to on overlap of jurisdiction (Kwak and Marceau 2006), whereby WTO Members could challenge their FTA partners’ measures in the WTO and under the respective FTA dispute settlement mechanism (DSM).

Type
Chapter
Information
International Economic Dispute Settlement
Demise or Transformation?
, pp. 470 - 492
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Chase, C., Yanovich, A., Crawford, J.-A. and Ugaz, P. 2013. “Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements: Innovative or Variations on a Theme?” WTO Staff Working Paper, No. ERSD-2013–07, Geneva: World Trade Organization.CrossRefGoogle Scholar
Davey, W. 2006. “Dispute Settlement in the WTO and RTAs: A Comment.” In Bartels, L. and Ortino, F. (Eds.), Regional Trade Agreements and the WTO Legal System. Oxford: Oxford University Press, pp. 343–59.Google Scholar
Furculita, C. 2019. “Fork-in-the-Road Clauses in the New EU FTAs: Addressing Conflicts of Jurisdictions with the WTO Dispute Settlement Mechanism,” Centre for the Law of EU External Relations, CLEER Papers 2019/1.Google Scholar
Furner, C., Lederer, N. and Sergaki, C. 2019. “The WTO’s Exclusive and Compulsory Jurisdiction v. Dispute Resolution Mechanisms in Regional Trade Agreements: A Clash of Jurisdiction?Global Trade and Customs Journal 15(1): 2430.CrossRefGoogle Scholar
Gruszczynski, L. 2017. “The WTO and FCTC Dispute Settlement Systems: Friends or Foes?Asian Journal of WTO & International Health Law and Policy 12(1): 105–33.Google Scholar
Kwak, K. and Marceau, G. 2006. “Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements.” In Bartels, L. and Ortino, F. (Eds.), Regional Trade Agreements and the WTO Legal System. Oxford: Oxford University Press, pp. 465525.Google Scholar
Lester, S., Manak, I. and Arpas, A. 2019. “Access to Trade Justice: Fixing NAFTA’s Flawed State-to-State Dispute Settlement Process,” World Trade Review 18(1): 6379.Google Scholar
Marceau, G. 2016. “The Primacy of the WTO Dispute Settlement System,” Questions of International Law 23: 313.Google Scholar
Mbengue, M. 2016. “The Settlement of Trade Disputes: Is There a Monopoly for the WTO?The Law & Practice of International Courts and Tribunals 15(2): 207–48.Google Scholar
Molina, A.-C. and Khoroshavina, V. 2018. “Technical Barriers to Trade Provisions in Regional Trade Agreements,” WTO Staff Working Paper, No. ERSD-2018–09, Geneva: World Trade Organization.Google Scholar
Pauwelyn, J. 2017. “Interplay between the WTO Treaty and Other International Legal Instruments and Tribunals: Evolution after 20 Years of WTO Jurisprudence,” SSRN Electronic Journal, 2016.Google Scholar
Porges, A. 2011. “Dispute Settlement,” In Chauffour, J. and Maur, J. (Eds.), Preferential Trade Agreement Policies for Development: A Handbook. Washington: The World Bank, pp. 467501.Google Scholar
Shaffer, G. and Winters, A. 2017. “FTA Law in WTO Dispute Settlement: Peru–Additional Duty and the Fragmentation of Trade Law,” World Trade Review 16(2): 303–26.Google Scholar
Van den Bossche, P. and Lewis, M. 2014. “What to Do When Disagreement Strikes? The Complexity of Dispute Settlement under Trade Agreements.” In Frankel, S. and Lewis, M. (Eds.), Trade Agreements at the Crossroads. London: Routledge, pp. 925.Google Scholar
Vidigal, G. 2017. “Why Is There So Little Litigation under Free Trade Agreements? Retaliation and Adjudication in International Dispute Settlement,” Journal of International Economic Law 20(4): 927–50.Google Scholar
WTO 2011. World Trade Report 2011. “The WTO and Preferential Trade Agreements: From Co-Existence to Coherence.” Geneva: World Trade Organization.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×