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Why Adjudicate?Enforcing Trade Rules in the WTO$
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Christina L. Davis

Print publication date: 2012

Print ISBN-13: 9780691152752

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691152752.001.0001

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The Litigious State: U.S. Trade Policy

The Litigious State: U.S. Trade Policy

Chapter:
(p.102) 4 The Litigious State: U.S. Trade Policy
Source:
Why Adjudicate?
Author(s):

Christina L. Davis

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691152752.003.0004

This chapter examines the role of domestic political interests in the selection of U.S. cases for World Trade Organization (WTO) adjudication. It first considers how the United States has taken a lead role in the area of trade law enforcement before discussing how legislative constraints and interest group pressure operate in U.S. trade policy. The Kodak–Fuji WTO dispute between the United States and Japan is used to illustrate an example of politicized selection of a case for adjudication. The chapter also analyzes U.S. complaints about market access barriers by leading trade partners. By identifying potential trade disputes, it shows why some cases go forward to adjudication. It also explains how the WTO disputes served an important role in the executive strategy to manage domestic pressure from Congress for a more aggressive policy against China.

Keywords:   adjudication, World Trade Organization, United States, trade law enforcement, U.S. trade policy, Japan, trade disputes, U.S. Congress, China

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