Book contents
- Transparency in the WTO SPS and TBT Agreements
- Cambridge International Trade and Economic Law
- Transparency in the WTO SPS and TBT Agreements
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Abbreviations
- Table of Cases
- Country Classification
- Introduction
- Part I Why the SPS and TBT Agreements?
- PART II Transparency as a Substitute for Dispute Settlement
- Part III Transparency as a Complement to Dispute Settlement
- 6 Transparency and Disputes
- 7 Climbing the WTO Disputing Pyramid
- 8 Access to the WTO Disputing Pyramid
- 9 Is the Current Interaction between Transparency and Dispute Settlement the Best It Can Be?
- Conclusion of Part III
- Conclusion
- Appendices
- References
- Index
7 - Climbing the WTO Disputing Pyramid
The Challenges Leading up to Disputes
from Part III - Transparency as a Complement to Dispute Settlement
Published online by Cambridge University Press: 28 April 2020
- Transparency in the WTO SPS and TBT Agreements
- Cambridge International Trade and Economic Law
- Transparency in the WTO SPS and TBT Agreements
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Abbreviations
- Table of Cases
- Country Classification
- Introduction
- Part I Why the SPS and TBT Agreements?
- PART II Transparency as a Substitute for Dispute Settlement
- Part III Transparency as a Complement to Dispute Settlement
- 6 Transparency and Disputes
- 7 Climbing the WTO Disputing Pyramid
- 8 Access to the WTO Disputing Pyramid
- 9 Is the Current Interaction between Transparency and Dispute Settlement the Best It Can Be?
- Conclusion of Part III
- Conclusion
- Appendices
- References
- Index
Summary
The dispute settlement system is a costly and burdensome process that may be worth turning to only in cases of high trade losses. It is arguably in any country’s interest to avoid disputes. Building on the premise that disputes intervene only as a last resort, Chapter 7 explores the reasons that explain the difficulty to ‘climb’ the disputing pyramid. Based on pre-existing literature, it identified three general factors to explain WTO Members’ access to WTO adjudication: Members are likely to bring disputes as long as they have information, resources, and they lack alternative fora to solve the conflict. This serves as a basis for arguments in the subsequent chapter about the possible roles for transparency in accessing formal dispute settlement.
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- Transparency in the WTO SPS and TBT AgreementsThe Real Jewel in the Crown, pp. 247 - 264Publisher: Cambridge University PressPrint publication year: 2020