Mapping the Scope of Dispute Settlement in Regional Trade Agreements: Implications for 21st Century Multilateralism

Abstract

This paper hypothesizes that the inclusion of provisions for the settlement of disputes in regional agreements may ultimately enhance, rather than disrupt, the centrality of the WTO's dispute settlement system. Using a dataset that organizes exclusion clauses and special provisions for dispute settlement in regional trade agreements, the paper develops a thematic typology with which to examine the ways that disputes may be channeled between regional and global trade governance institutions. This study offers a more accurate picture of the global contours of the regionalization dynamic as it relates to trade governance, suggesting that the potential for the decentralization of dispute settlement inferred by the rapid development of regional bodies is somewhat overstated.