Free Riding on Enforcement in the World Trade Organization

@article{Johns2018FreeRO,
  title={Free Riding on Enforcement in the World Trade Organization},
  author={Leslie Johns and Krzysztof J. Pelc},
  journal={The Journal of Politics},
  year={2018},
  volume={80},
  pages={873 - 889}
}
Many policies that appear to violate WTO rules remain unchallenged, even as they have a significant economic impact. Why is this? We argue that the likelihood that a country challenges a protectionist policy is linked to how concentrated or diffuse that policy is. When it is concentrated, litigation is a private good. But when a policy is diffuse, affecting many states, litigation is a public good and countries face a collective action problem: each country seeks to free ride on others… 
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References

SHOWING 1-10 OF 49 REFERENCES

Fear of Crowds in WTO Disputes: Why Don't More Countries Participate?

The participation deficit in global governance is usually blamed on power politics; we argue it may actually reflect strategic behavior by excluded countries themselves. In the WTO, member-states

What Is Litigation in the World Trade Organization Worth?

Abstract Conventional wisdom holds that the creation of international, court-like institutions helps countries to peacefully settle trade conflicts, thereby enhancing overall welfare. Many have

Do International Rulings Have Spillover Effects?: The View from Financial Markets

How influential are international courts? Can their rulings reach beyond a given case and affect the behavior of countries not party to the dispute? International law is clear on the matter: rulings

Participation in WTO Dispute Settlement: Complainants, Interested Parties and Free Riders

What affects a country's decision of whether to formally engage in a trade dispute directly related to its exporting interests? This article empirically examines determinants of affected country

Low-income developing countries and WTO litigation: Why wake up the sleeping dog?

ABSTRACT The World Trade Organization (WTO) is one of the most judicialized dispute settlement systems in international politics. While a general appreciation has developed that the system has worked

Audience Features and the Strategic Timing of Trade Disputes

Abstract If international institutions are such potent alarm mechanisms that mobilize procompliance domestic audiences, as many existing theories argue, why do countries wait so long before sounding

What Explains the Low Success Rate of Investor-State Disputes?

Abstract The treatment of foreign investment has become the most controversial issue in global governance. At the center of the controversy lies the mechanism of investor-state dispute settlement

Does Legal Capacity Matter? Explaining Dispute Initiation and Antidumping actions in the WTO

Does legal capacity matter in the World Trade Organization (WTO)? The conventional wisdom is that the “right perseveres over might” under the WTO’s more legalistic dispute settlement system. Yet,

Gravitation or discrimination? Determinants of litigation in the World Trade Organisation

The strong presence of large countries in World Trade Organisation (WTO) dispute settlement and the absence of very poor ones have raised concerns that increasing legalisation in the global trading

Strengthening International Courts: The Hidden Costs of Legalization

As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve