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International Legal Contexts and State Power: An Event History Analysis of Dispute Escalation at the World Trade Organization |
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Abstract:
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This article evaluates the impact of state power on the escalation of trade disputes at the World Trade Organization (WTO). Event data on 333 WTO disputes are analyzed to determine why some disputes escalate from the mandatory consultative phase to review by a WTO panel. In contrast to prior approaches that treat legal capacity and state power as competing hypotheses, this analysis treats both as dimensions of power with salience in WTO legal forums. Understanding state capacity as a manifestation of historical power relationships between states permits conceptualizing the process of dispute settlement as a contest between un-equal states played out though the bureaucratic structures and legal forums of the WTO. Institutional level factors, including the effects of case complexity, litigation capacity, and experience, have significant impact on the trajectory of disputes, and cannot be reduced to trade relationships and position in the world economy. The findings demarcate the role of international legal contexts in mediating struggles over trade between unequal trading partners by translating grievances into the language of international law, creating demands for specific resources, and constraining legitimate action. |
Most Common Document Word Stems:
disput (172), trade (101), wto (88), legal (83), power (74), capac (52), system (51), world (51), countri (49), settlement (45), complain (38), model (34), particip (34), analysi (33), escal (33), indic (31), state (31), respond (28), law (27), variabl (26), 2005 (25), |
Author's Keywords:
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Dispute settlement, World Trade Organization, WTO, state power, international law |
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Association:
Name: American Sociological Association Annual Meeting URL: http://www.asanet.org
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Citation:
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MLA Citation:
| Conti, Joseph. "International Legal Contexts and State Power: An Event History Analysis of Dispute Escalation at the World Trade Organization" Paper presented at the annual meeting of the American Sociological Association Annual Meeting, Sheraton Boston and the Boston Marriott Copley Place, Boston, MA, Jul 31, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p241207_index.html> |
APA Citation:
| Conti, J. A. , 2008-07-31 "International Legal Contexts and State Power: An Event History Analysis of Dispute Escalation at the World Trade Organization" Paper presented at the annual meeting of the American Sociological Association Annual Meeting, Sheraton Boston and the Boston Marriott Copley Place, Boston, MA Online <APPLICATION/PDF>. 2009-05-23 from http://www.allacademic.com/meta/p241207_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: This article evaluates the impact of state power on the escalation of trade disputes at the World Trade Organization (WTO). Event data on 333 WTO disputes are analyzed to determine why some disputes escalate from the mandatory consultative phase to review by a WTO panel. In contrast to prior approaches that treat legal capacity and state power as competing hypotheses, this analysis treats both as dimensions of power with salience in WTO legal forums. Understanding state capacity as a manifestation of historical power relationships between states permits conceptualizing the process of dispute settlement as a contest between un-equal states played out though the bureaucratic structures and legal forums of the WTO. Institutional level factors, including the effects of case complexity, litigation capacity, and experience, have significant impact on the trajectory of disputes, and cannot be reduced to trade relationships and position in the world economy. The findings demarcate the role of international legal contexts in mediating struggles over trade between unequal trading partners by translating grievances into the language of international law, creating demands for specific resources, and constraining legitimate action. |
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| International Legal Contexts and State Power: An Event History Analysis of Dispute Escalation at the World Trade Organization Joseph Conti University of California Santa Barbara Abstract: This article evaluates the impact of state power on the escalation of trade disputes at the World Trade Organization (WTO). Event data on 333 WTO disputes are analyzed to determine why some disputes escalate from the mandatory consultative phase to review by a WTO panel. In contrast to prior approaches that treat legal capacity and state power as competing hypotheses this analysis treats both as dimensions of power with |
| Dispute Settlement System." Vanderbilt Journal of Transnational Law 30. Wallerstein Immanuel Maurice. 2000. The essential Wallerstein. New York: New Press : Distributed by W.W. Norton. Weiler J. H. H. 2001. "The Rule of Lawyers and the Ethos of Diplomats Reflections on the Internal and External Legitimacy of WTO Dispute Settlement." Journal of World Trade 35:191-207. Yamaguchi Kazuo. 1991. Event History Analysis. Newbury Park Calif.: Sage Publications. Zejan Pilar and Frank L. Bartels. 2006. "Be Nice and Get Your Money |
Similar Titles:
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