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Trade Remedies and World Trade Organization Dispute Settlement: Why Are So Few Challenged?

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  • Chad P. Bown
Abstract
Antidumping and related trade remedies are the most popular policy instruments that many of the largest importing countries in the World Trade Organization (WTO) system use to restrict international trade. This paper empirically investigates the trade remedy and WTO dispute settlement interaction by focusing on determinants of WTO members’ decisions of whether to challenge U.S. trade remedies imposed between 1992 and 2003. While I confirm that the size of the economic market at stake and the capacity to retaliate under potentially authorized sanctions influence the decision to formally challenge a measure, I also find that if the negatively affected foreign industry has the capacity to directly retaliate through a reciprocal antidumping measure of its own, its government is less likely to pursue the case on its behalf at the WTO. I speculate that potential complainants may be avoiding WTO litigation in favor of pursuing reciprocal antidumping and hence “vigilante justice.”

Suggested Citation

  • Chad P. Bown, 2005. "Trade Remedies and World Trade Organization Dispute Settlement: Why Are So Few Challenged?," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 515-555, June.
    • Handle: RePEc:ucp:jlstud:v:34:y:2005:p:515-555
    DOI: 10.1086/429849
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    Cited by:

    1. Kyle Bagwell & Chad P. Bown & Robert W. Staiger, 2016. "Is the WTO Passé?," Journal of Economic Literature, American Economic Association, vol. 54(4), pages 1125-1231, December.
    2. Buzard, Kristy, 2017. "Self-enforcing trade agreements and lobbying," Journal of International Economics, Elsevier, vol. 108(C), pages 226-242.
    3. repec:lic:licosd:25310 is not listed on IDEAS
    4. Bown, Chad P., 2006. "The World Trade Organization and antidumping in developing countries," Policy Research Working Paper Series 4014, The World Bank.
    5. Chad Bown & Kara Reynolds, 2015. "Trade flows and trade disputes," The Review of International Organizations, Springer, vol. 10(2), pages 145-177, June.
    6. Kokko, Ari & Gustavsson Tingvall, Patrik & Videnord, Josefin, 2017. "Which Antidumping Cases Reach the WTO?," Ratio Working Papers 286, The Ratio Institute.
    7. Julian Schumacher & Christoph Trebesch & Henrik Enderlein, 2015. "What Explains Sovereign Debt Litigation?," Journal of Law and Economics, University of Chicago Press, vol. 58(3).
    8. Jason S. Davis, 2022. "Screening for losers: Trade institutions and information," The Review of International Organizations, Springer, vol. 17(1), pages 1-37, January.
    9. Bown, Chad P. & Crowley, Meredith A., 2006. "Policy externalities: How US antidumping affects Japanese exports to the EU," European Journal of Political Economy, Elsevier, vol. 22(3), pages 696-714, September.
    10. Robert W. Staiger & Alan O. Sykes, 2017. "How Important Can the Non-violation Clause Be for the GATT/WTO?," American Economic Journal: Microeconomics, American Economic Association, vol. 9(2), pages 149-187, May.
    11. Martin, Alberto & Vergote, Wouter, 2008. "On the role of retaliation in trade agreements," Journal of International Economics, Elsevier, vol. 76(1), pages 61-77, September.
    12. Hyo Won Lee, 2019. "Legalization and dispute settlement benefits: The case of the GATT/WTO," The Review of International Organizations, Springer, vol. 14(3), pages 479-509, September.
    13. Timothy Meyer, 2017. "Explaining energy disputes at the World Trade Organization," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 17(3), pages 391-410, June.
    14. Bown, Chad P. & Bernard M., Hoekman, 2007. "Developing countries and enforcement of trade agreements : why dispute settlement is not enough," Policy Research Working Paper Series 4450, The World Bank.
    15. Bown, Chad P., 2005. "Global antidumping database version 1.0," Policy Research Working Paper Series 3737, The World Bank.
    16. Chad P. Bown, 2010. "China's WTO Entry: Antidumping, Safeguards, and Dispute Settlement," NBER Chapters, in: China's Growing Role in World Trade, pages 281-337, National Bureau of Economic Research, Inc.
    17. Kara M. Reynolds & Chad P. Bown, 2014. "Trade Flows and Trade Disputes," Working Papers 2014-05, American University, Department of Economics.
    18. Furceri, Davide & Ostry, Jonathan D. & Papageorgiou, Chris & Wibaux, Pauline, 2023. "Retaliation through Temporary Trade Barriers," CEPR Discussion Papers 17853, C.E.P.R. Discussion Papers.
    19. Fouad Pervez, 2015. "Waiting for election season," The Review of International Organizations, Springer, vol. 10(2), pages 265-303, June.
    20. Staiger, Robert & Bagwell, Kyle & Bown, Chad, 2015. "Is the WTO Passé?," CEPR Discussion Papers 10672, C.E.P.R. Discussion Papers.
    21. Klimenko, Mikhail & Ramey, Garey & Watson, Joel, 2008. "Recurrent trade agreements and the value of external enforcement," Journal of International Economics, Elsevier, vol. 74(2), pages 475-499, March.
    22. Bernauer, Thomas & Sattler, Thomas, 2010. "Gravitation or Discrimination? Determinants of Litigation in the World Trade Organization," Papers 116, World Trade Institute.
    23. Bown, Chad P., 2009. "The global resort to antidumping, safeguards, and other trade remedies amidst the economic crisis," Policy Research Working Paper Series 5051, The World Bank.
    24. Chad P. Bown & Thomas J. Prusa, 2021. "U.S. Anti-dumping: Much Ado about Zeroing," World Scientific Book Chapters, in: Thomas J Prusa (ed.), Economic Effects of Antidumping, chapter 10, pages 195-232, World Scientific Publishing Co. Pte. Ltd..
    25. Kara Reynolds & Tatiana Yanguas, 2018. "China – Cellulose Pulp: China’s Quest to Satisfy WTO Panels and the Appellate Body," RSCAS Working Papers 2018/59, European University Institute.

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