{"title":"WTO争端解决机制的消亡:自由贸易协定下的争端解决机制是否可行?","authors":"D. Gantz","doi":"10.2139/ssrn.3418621","DOIUrl":null,"url":null,"abstract":"With the likely demise of the WTO dispute settlement mechanism as of December 11, 2019, the question arises as to whether regional trade agreement (RTA) dispute settlement mechanisms such as those in the recent US-Mexico-Canada Agreement can provide an acceptable alternative. The paper concludes that the answer is \"no,\" largely because most such mechanisms can be blocked by respondents simply by their refusal to appoint panelists.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Demise of WTO Dispute Settlement: Are Dispute Settlement Mechanisms Under Free Trade Agreements a Viable Substitute?\",\"authors\":\"D. Gantz\",\"doi\":\"10.2139/ssrn.3418621\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"With the likely demise of the WTO dispute settlement mechanism as of December 11, 2019, the question arises as to whether regional trade agreement (RTA) dispute settlement mechanisms such as those in the recent US-Mexico-Canada Agreement can provide an acceptable alternative. The paper concludes that the answer is \\\"no,\\\" largely because most such mechanisms can be blocked by respondents simply by their refusal to appoint panelists.\",\"PeriodicalId\":103245,\"journal\":{\"name\":\"LSN: Trade Law (Topic)\",\"volume\":\"29 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-07-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"LSN: Trade Law (Topic)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3418621\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"LSN: Trade Law (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3418621","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Demise of WTO Dispute Settlement: Are Dispute Settlement Mechanisms Under Free Trade Agreements a Viable Substitute?
With the likely demise of the WTO dispute settlement mechanism as of December 11, 2019, the question arises as to whether regional trade agreement (RTA) dispute settlement mechanisms such as those in the recent US-Mexico-Canada Agreement can provide an acceptable alternative. The paper concludes that the answer is "no," largely because most such mechanisms can be blocked by respondents simply by their refusal to appoint panelists.
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