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Overlapping Institutions, Forum Shopping, and Dispute Settlement in International Trade

  • Marc L. Busch (a1)

Preferential trade agreements offer members an alternative to dispute settlement at the World Trade Organization. This gives rise to forum shopping, in that complainants can file regionally, multilaterally, or not at all. What explains this choice of forum? I argue that complainants strategically discriminate among overlapping memberships: on a given measure(s), some prefer to set a precedent that bears only on a subset of their trade relations, others a precedent that bears on all their trade relations, while still others prefer not to set a precedent. Thus, the key to forum shopping is not simply which institution is likely to come closest to the complainant's ideal ruling against the defendant, but where the resulting precedent will be more useful in the future, enabling the complainant to bring litigation against other members, rather than helping other members bring litigation against the complainant. I consider disputes over Mexican brooms and Canadian periodicals.For comments, I thank Vinod Aggarwal, Raj Bhala, Jane Bradley, Bill Davey, Rob Howse, Miles Kahler, Simon Lester, Rod Ludema, Ed Mansfield, Lisa Martin, Petros C. Mavroidis, John Odell, Joost Pauwelyn, Amy Porges, Eric Reinhardt, Peter Rosendorff, Ken Scheve, Ed Schwartz, Christina Sevilla, Michael Simon, Jay Smith, Debra Steger, Joel Trachtman, Todd Weiler, seminar participants in the Program on International Politics, Economics, and Security (PIPES) at the University of Chicago, and two anonymous referees. All shortcomings are, of course, my own. For research support, I thank the Canadian Institute for Advanced Research and the Social Science and Humanities Research Council of Canada. For research assistance, I thank Alex Muggah, Krzysztof Pelc, and Scott Winter.

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Abbott, Kenneth W., and DuncanSnidal. 2000. Hard and Soft Law in International Governance. International Organization54 (3):42156.

Goldstein, Judith. 1996. International Law and Domestic Institutions: Reconciling North American ‘Unfair’ Trade Laws. International Organization50 (4):54164.

Goldstein, Judith, and Lisa L.Martin. 2000. Legalization, Trade Liberalization, and Domestic Politics: A Cautionary Note. International Organization54 (3):60332.

Koremenos, Barbara, CharlesLipson, and DuncanSnidal. 2001. The Rational Design of International Institutions. International Organization55 (4):76199.

Krikorian, Jacqueline D.2005. Planes, Trains and Automobiles: The Impact of the WTO “Court” on Canada in Its First Ten Years. Journal of International Economic Law8 (4):92175.

Marceau, Gabrielle. 2001. Conflicts of Norms and Conflicts of Jurisdictions: The Relationship Between the WTO Agreement and MEAs and Other Treaties. Journal of World Trade35 (6):1081131.

Pauwelyn, Joost. 2006. Adding Sweeteners to Softwood Lumber: The WTO-NAFTA “Spaghetti Bowl” Is Cooking. Journal of International Economic Law9 (1):197206.

Rosendorff, B. Peter. 2005. Stability and Rigidity: Politics and the Design of the WTO's Dispute Settlement Procedure. American Political Science Review99 (3):389400.

Schwartz, Warren F., and Alan O.Sykes. 2002. The Economic Structure of Renegotiation and Dispute Resolution in the World Trade Organization. Journal of Legal Studies31 (1):S179S204.

Smith, James McCall. 2000. The Politics of Dispute Settlement Design: Explaining Legalism in Regional Trade Pacts. International Organization54 (1):13780.

Steinberg, Richard H.2004. Judicial Lawmaking at the WTO: Discursive, Constitutional, and Political Constraints. American Journal of International Law98 (2):24775.

Sykes, Alan O.2005. Public versus Private Enforcement of International Economic Law: Standing and Remedy. Journal of Legal Studies34 (2):63166.

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International Organization
  • ISSN: 0020-8183
  • EISSN: 1531-5088
  • URL: /core/journals/international-organization
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