Abstract
The usage of the WTO Dispute Settlement System (DSS) is dominated by high-income countries. Since the ultimate enforcement threat of the system is based on retaliation, countries may take their economic size as well as their specific bilateral retaliatory capacity into account when deciding whether or not to respond to a detrimental infringement of a trade agreement by filing a costly complaint. Hence, various scholars conjecture that lawsuits surfacing in the record of the WTO constitute only the biased tip of an iceberg of trade disputes. In order to investigate such a potential bias, this chapter sets up a sequential game of the DSS. Subsequently, a binary choice model is employed to empirically explain a country's decision whether or not to litigate against a trading partner. The results suggest that a country is more likely to file a complaint if (i) it is large, (ii) its trading partner is small, (iii) the trade value of the commodity at stake is large, and (iv) its retaliatory capacity is large.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
