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Remarks by Geraldo Vidigal
Published online by Cambridge University Press: 03 March 2022
Extract
During the decade between 2007 and 2017, the World Trade Organization (WTO) became the almost exclusive forum for the settlement of interstate trade disputes. The previous 1995–2005 period had seen some signs that regional trade agreements (RTAs), such as the North American Free Trade Agreement (NAFTA), the Common Market of the South (MERCOSUR), and the Andean Community, could become alternative forums for dispute settlement in trade. Between 2007 and 2017, however, the only agreement under which (two) trade disputes were brought to adjudication was the Dominican Republic—Central America—United States Free Trade Agreement (CAFTA-DR).
- Type
- International Trade Dispute Settlement 2.0
- Information
- Copyright
- Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of The American Society of International Law.
References
1 Geraldo Vidigal, Why Is There so Little Litigation Under Free Trade Agreements? Retaliation and Adjudication in International Dispute Settlement, 20 J. Int'l Econ. L. 927 (2017).
2 Informe Final del Grupo Arbitral, Costa Rica vs El Salvador – Tratamiento Arancelario a Bienes Originarios de Costa Rica, CAFTA-DR/ARB/2014/CR-ES/17 (Nov. 18, 2014 ); Final Report of the Panel, Guatemala – Issues Relating to the Obligations Under Article 16.2.1(a) of the CAFTA-DR (June 14, 2017). Paraguay brought a dispute under MERCOSUR about the suspension of its political rights following an alleged democratic breakdown. See Geraldo Vidigal, Enforcing Democracy at the Regional Level: Paraguay's Suspension Before the MERCOSUR Court, 2 Cambridge Int'l L.J. (2013).
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4 Final Report of the Arbitration Panel, Restrictions Applied by Ukraine on Exports of Certain Wood Products to the European Union, para. 507 (Dec. 11, 2020).
5 Free Trade Agreement Between the European Union (EU), of the One Part, and the Republic of Korea (Korea), of the Other Part, entered into force Dec. 13, 2015.
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13 KORUS, Art. 20.2, Annex 20-A.
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19 Euro-Mediterranean Agreement Establishing an Association Between the European Community and Its Member States, of the One Part, and the People's Democratic Republic of Algeria, of the Other Part, entered into force September 2005.
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