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Rethinking the Temporary Breach Puzzle: A Window on the Future of International Trade Conflicts

By Mark Wu

Abstract

The World Trade Organization (WTO) is often held to be an exemplar of a legitimate, effectively functioning institution of international law. By one count, the international agreements, concessions, and other rules that comprise the legal code of the WTO\u27s \u22covered agreements\u22 total more than 27,000 pages. Disputes that arises from these treaties must be resolved by the WTO. As a testament of confidence in the WTO \u27s judicial arm, countries have filed nearly 500 complaints with the WTO\u27s Dispute Settlement Body (DSB) since 1995. WTO rulings are largely followed, and on the few occasions when compliance is not forthcoming, even the most powerful nations agree to pay compensation or accept suspension of trade concessions. As one scholar has noted, \u22Presently, the WTO provides the ideal global organizational vehicle with the institutional capability to induce countries to participate\u22 in an international treaty regime

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2015
OAI identifier: oai:digitalcommons.law.yale.edu:yjil-1461
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