The approach in my recently published essay assessing US-China trade litigation in the WTO is to examine the data provided by the WTO and the United States Trade Representative (USTR). Specifically, this data concerns the WTO dispute resolution system from its inception, the activity of the Bush and Obama administrations, and China’s record in the WTO. This is not a jurisprudential study but one assessing empirical litigation data in order to disclose implications for American trade policy and the international trade system. A series of charts with short explanatory passages helps illustrate this story.
A statistical assessment of WTO litigation is essential to policymakers confronting the future of the WTO. Both the United States and China have been aggressive users of it. Each country has shown a willingness to address contentious issues. This has been to the benefit of both countries. As newer trade issues arise this process will be indispensable in keeping US – China trade relations on a stable course.
…. Malawer, “U.S. – China Litigation in the WTO,” New York Law Journal (Aug. 8, 2013).
…. Malawer, “U.S. – China Trade Relations — Litigation in the WTO 2001-2013. (unpublished larger study with extensive charts) (August 2013).
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