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Between Law and DiplomacyThe Social Contexts of Disputing at the World Trade Organization$
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Joseph Conti

Print publication date: 2010

Print ISBN-13: 9780804771436

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804771436.001.0001

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International Legal Contexts and State Power

International Legal Contexts and State Power

The Institutional Influences on Dispute Transitions

(p.97) Chapter Five International Legal Contexts and State Power
Between Law and Diplomacy
Stanford University Press

This chapter, which examines the transition from the consultative to adjudicative phase of the dispute settlement process, relies on a statistical analysis of the case history of the WTO for its first ten years, from January 1995 to October 2005. It shows that bilateral market dependence and the position of litigants in the modern world system have significant impact on how disputes are managed. Institutional features, such as legal capacity and dispute experience, also affect the processes of disputing and cannot be reduced to a state's structural position in the world economy or its trade relationships. The impact of frequent participation is especially important because it links the material resources of states to how they use the WTO legal system. The discussion also examines how experience translates into advantages for frequent players.

Keywords:   dispute settlement, adjucative phase, bilateral market dependence, WTO legal system

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