In the Shadow of the DSU: Addressing Specific Trade Concerns in the WTO SPS and TBT Committees

Authors

Henrik Horn, Research Institute of Industrial Economics (IFN)Follow
Petros C. Mavroidis, Columbia Law SchoolFollow
Erik Wijkström, World Trade Organization (WTO)Follow

Document Type

Working Paper

Publication Date

2013

Abstract

The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of ‘specific trade concerns’ (STCs) that in the overwhelming majority of cases do not become formal disputes. The STCs address differences between Members concerning the conformity of national measures in the SPS and TBT areas with these agreements. It appears as if Committee work on STCs significantly helps defuse potential trade frictions concerning national policies in the covered areas.

Disciplines

Dispute Resolution and Arbitration | International Trade Law | Law | Law and Economics

Center/Program

Center for Law and Economic Studies

Recommended Citation

Henrik Horn, Petros C. Mavroidis & Erik Wijkström, In the Shadow of the DSU: Addressing Specific Trade Concerns in the WTO SPS and TBT Committees, Research Institute of Industrial Economics IFN Working Paper No. 960, 2013; Columbia University Law School, The Center for Law & Economic Studies Working Paper No. 494 (2013).
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2377