The WTO dispute settlement mechanism and Japanese traders

Abstract

The first issue of Journal of International Economic Law examined how private parties in the USA and the EU convince their governments to act on their behalf by bringing a case about foreign trade barriers to the WTO Dispute Settlement Body. In the USA, S. 301 of the Trade Ace offers such an avenue and grants the USTR authority to implement sanctions authorized by the WTO. In the EU, the Trade Barriers Regulation was instituted primarily to provide the Community with a procedure to respond to complaints by private parties alleging 'obstacles to trade', i.e. 'any trade practice adopted or maintained by a third country in respect of which international trade rules establish a right of action'. In order to gain another perspective, this article will examine private enforcement of international trade rules in Japan. Copyright 1998 by Oxford University Press.