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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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Level Playing Field? Adjudication by Developing Countries

Level Playing Field? Adjudication by Developing Countries

(p.258) 7 Level Playing Field? Adjudication by Developing Countries
Why Adjudicate?

Christina L. Davis

Princeton University Press

This chapter examines the effectiveness of adjudication as a tool for developing countries by comparing dispute settlement with alternative strategies in the context of asymmetrical bargaining between a small state and a larger trading partner. Two case studies involving Peru and Vietnam, which challenged labeling policies that hindered their fish exports to major trade partners, provide evidence that adjudication can also be effective for small states. Although less attention is given to domestic politics of the complainant state in this chapter, the cases show how adjudication adds leverage to overcome domestic resistance against removal of a protection barrier in the defendant state.

Keywords:   adjudication, developing countries, dispute settlement, bargaining, Peru, Vietnam, labeling, exports, domestic politics

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