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SETTLING TRADE DISPUTES UNDER THE SHADOW OF
WTO ADJUDICATION
by
Xiaowen Zhang
____________________________________________________________________
A Dissertation Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(INTERNATIONAL RELATIONS)
August 2007
Copyright 2007 Xiaowen Zhang
Object Description
| Title | Settling trade disputes under the shadow of WTO adjudication |
| Author | Zhang, Xiaowen |
| Author email | xiaowenz@usc.edu |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | International Relations |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2007-05-21 |
| Date submitted | 2007 |
| Restricted until | Unrestricted |
| Date published | 2007-07-27 |
| Advisor (committee chair) | Odell, John |
| Advisor (committee member) |
Katada, Saori Rosen, Stanley |
| Abstract | This thesis examines the World Trade Organization (WTO) member states' decisions to settle trade disputes within the context of the WTO dispute settlement system. In particular, it addresses how features of the WTO dispute settlement system have affected member states' choices between early settlements and litigation. Two main arguments are raised and tested. In Chapter II and III, I argue that the defending country is more likely to settle a dispute before a potential adverse panel ruling as the size of the externalities of WTO adjudication grows. I tested it with both quantitative and qualitative methods. In the large-n study, I made an original contribution by generating a data set of the size of externalities of all stakeholder disputes filed with the WTO. In the qualitative study, two disputes between the US and the EU were selected: the 1997 US-rules of origin the 1999 US-safeguard on wheat gluten. A comparison of the two cases illustrates how the externalities have worked and shaped states' resistance points during negotiations. In Chapter IV, I argue that adopted GATT/WTO rulings act as precedents base on which disputing countries generate their expectations about the direction of potential panels. A lack of favorable precedents worsens disputing parties' prospects at panel, hence inducing early settlements. Comparative case studies of two disputes between Chile and the EU (the 1997 Chile-liquor tax and the 2000 Chile-swordfish ban) exhibit that states generate their settlement strategies based on the available WTO case law, which influences the form and outcome of settlements. -- By identifying the above mechanisms, this research has discovered a new source of institutional power of the WTO dispute settlement system, which could be of great value for WTO member states as they defend their interests in settlement negotiations, especially those with little market power. |
| Keyword | World Trade Organization; dispute settlement; negotiation |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Type | texts |
| Legacy record ID | usctheses-m704 |
| Rights | Zhang, Xiaowen |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-Zhang-20070727 |
| Archival file | uscthesesreloadpub_Volume62/etd-Zhang-20070727.pdf |
Description
| Title | Page 1 |
| Full text | SETTLING TRADE DISPUTES UNDER THE SHADOW OF WTO ADJUDICATION by Xiaowen Zhang ____________________________________________________________________ A Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (INTERNATIONAL RELATIONS) August 2007 Copyright 2007 Xiaowen Zhang |
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