Awards

• Joint winner of Chadwick F. Alger Prize, International Studies Association 2013
• Winner of Masayoshi Ohira Memorial Prize, Masayoshi Ohira Memorial Foundation 2014
• Winner of Winner, 2013 International Law Best Book Award 2013

Overview

The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war.Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.

Full Product Details

Author:   Christina L. Davis
Publisher:   Princeton University Press
Imprint:   Princeton University Press
Dimensions:   Width: 15.20cm , Height: 2.30cm , Length: 23.50cm
Weight:   0.454kg
ISBN:  

9780691152769

ISBN 10:   0691152764
Pages:   320
Publication Date:   27 May 2012
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.
Language:   English

Table of Contents

List of Figures ix List of Tables x Acknowledgments xi List of Abbreviations xv Chapter 1:.Introduction 1 The Enforcement of International Trade Law 6 Overview 20 Chapter 2: Domestic Constraints and Active Enforcement 26 Trade Institutions and Liberalization 29 Political Origins of Demand for Trade Enforcement 39 Hypotheses for Trade Strategies 57 Conclusion 60 Chapter 3. The Democratic Propensity for Adjudication 62 Why Are Democracies Litigious? 66 Data 72 Democratic Challengers 80 Democratic Defendants 88 Alliances and Dyadic Dispute Patterns 92 Conclusion 100 Chapter 4:The Litigious State: U.S. Trade Policy 102 U.S. Role as Enforcer of Multilateral Trade Rules 104 Legislative Constraints in U.S. Trade Policy 111 The Kodak-Fuji Film Dispute 118 Foreign Trade Barrier Dataset 123 Statistical Analysis of U.S. Forum Choice 132 Boeing-Airbus Dispute 138 The China Problem 158 Conclusion 182 Chapter 5: The Reluctant Litigant: Japanese Trade Policy 185 Defending Market Access for Japanese Exports 187 Delegation in Japanese Trade Policy 195 Statistical Analysis of Japanese Forum Choice 210 Active Adjudication Targeting U.S. Steel Protection 225 Other Solutions for China 233 Conclusion 241 Chapter 6: Conflict Management: Evaluating the Effectiveness of Adjudication 244 Solving Hard Cases 246 Analysis of Progress to Remove Barrier 248 Analysis of Trade Dispute Duration 253 Conclusion 256 Chapter 7: Level Playing Field? Adjudication by Developing Countries 258 Peru Challenges European Food Labeling 262 Vietnam and the Catfish Dispute 267 Conclusion 279 Chapter 8: Conclusion 281 The Political Role of Adjudication 281 Conflict and Cooperation 293 Toward a Broader Theory of Legalization 297 Bibliography 301 Index 319

Reviews

Co-Winner of the 2013 Chadwick F. Alger Prize, International Studies Association Winner of the 2013 International Law Best Book Award, International Law Section of the International Studies Association Why Adjudicate is a must-read for any scholar interested in legalization of world politics, the role of international courts and the mechanisms of trade policy. I am sure this book will inspire these research programs and the field of International Political Economy for years to come. --Manfred Elsig, Review of International Organizations Christina L. Davis provides an insightful and careful analysis of the domestic underpinnings of international trade law litigation. Why Adjudicate? fills a real gap in the literature by examining the factors that both shape and determine when states pursue legal challenges before the World Trade Organization's dispute-settlement mechanism... Focusing on the United States and Japan as her primary case studies, she has completed an exceptional and valuable study that will be read by both scholars and professionals for years to come. --Jacqueline Krikorian, Perspectives on Politics The book provides a cogent and compelling domestic logic... Davis' book, a solid contribution by one of today's leading trade scholars, is also valuable for directing greater attention to how members navigate the multilateral trade regime, which is as important as the judicial activism of its arbitration panels. The book's findings have implications not only for the future of WTO dispute settlement reform--less is better--but for the benefits of legalization more broadly. --Soo Yeon Kim, World Trade Review

Winner of the 2013 International Law Best Book Award, International Law Section of the International Studies Association Co-Winner of the 2013 Chadwick F. Alger Prize, International Studies Association ""Why Adjudicate is a must-read for any scholar interested in legalization of world politics, the role of international courts and the mechanisms of trade policy. I am sure this book will inspire these research programs and the field of International Political Economy for years to come.""--Manfred Elsig, Review of International Organizations ""Christina L. Davis provides an insightful and careful analysis of the domestic underpinnings of international trade law litigation. Why Adjudicate? fills a real gap in the literature by examining the factors that both shape and determine when states pursue legal challenges before the World Trade Organization's dispute-settlement mechanism... Focusing on the United States and Japan as her primary case studies, she has completed an exceptional and valuable study that will be read by both scholars and professionals for years to come.""--Jacqueline Krikorian, Perspectives on Politics ""The book provides a cogent and compelling domestic logic... Davis' book, a solid contribution by one of today's leading trade scholars, is also valuable for directing greater attention to how members navigate the multilateral trade regime, which is as important as the judicial activism of its arbitration panels. The book's findings have implications not only for the future of WTO dispute settlement reform--less is better--but for the benefits of legalization more broadly.""--Soo Yeon Kim, World Trade Review

Winner of the 2013 International Law Best Book Award, International Law Section of the International Studies Association Co-Winner of the 2013 Chadwick F. Alger Prize, International Studies Association Why Adjudicate is a must-read for any scholar interested in legalization of world politics, the role of international courts and the mechanisms of trade policy. I am sure this book will inspire these research programs and the field of International Political Economy for years to come. --Manfred Elsig, Review of International Organizations

Winner of the 2014 Masayoshi Ohira Memorial Prize, Masayoshi Ohira Memorial Foundation Winner of the 2013 International Law Best Book Award, International Law Section of the International Studies Association Co-Winner of the 2013 Chadwick F. Alger Prize, International Studies Association Why Adjudicate is a must-read for any scholar interested in legalization of world politics, the role of international courts and the mechanisms of trade policy. I am sure this book will inspire these research programs and the field of International Political Economy for years to come. --Manfred Elsig, Review of International Organizations Christina L. Davis provides an insightful and careful analysis of the domestic underpinnings of international trade law litigation. Why Adjudicate? fills a real gap in the literature by examining the factors that both shape and determine when states pursue legal challenges before the World Trade Organization's dispute-settlement mechanism... Focusing on the United States and Japan as her primary case studies, she has completed an exceptional and valuable study that will be read by both scholars and professionals for years to come. --Jacqueline Krikorian, Perspectives on Politics The book provides a cogent and compelling domestic logic... Davis' book, a solid contribution by one of today's leading trade scholars, is also valuable for directing greater attention to how members navigate the multilateral trade regime, which is as important as the judicial activism of its arbitration panels. The book's findings have implications not only for the future of WTO dispute settlement reform--less is better--but for the benefits of legalization more broadly. --Soo Yeon Kim, World Trade Review

Author Information

Christina L. Davis is associate professor of politics and international affairs at Princeton University. She is the author of Food Fights over Free Trade: How International Institutions Promote Agricultural Trade Liberalization (Princeton).

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