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Improving WTO Dispute Settlement Rules: Lessons from the Korea–China Garlic Dispute
Author(s) -
Sohn Kiyoun,
Ahn SeYoung
Publication year - 2010
Publication title -
review of development economics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.531
H-Index - 50
eISSN - 1467-9361
pISSN - 1363-6669
DOI - 10.1111/j.1467-9361.2010.00561.x
Subject(s) - accession , negotiation , china , dispute resolution , dispute mechanism , settlement (finance) , dispute board , international trade , world trade , political science , business , economics , law , alternative dispute resolution , finance , european union , payment
We analyze the garlic dispute between Korea and China with the aim of exploring the improved WTO dispute settlement rules that could apply to disputes where WTO accession applying developing countries are involved in. After examining the background of the dispute, we analyze it from both the negotiation and WTO rules aspect. Then, we suggest policy recommendations, taking into account existing rules' limitations in dealing with disputes between a WTO Member and an accession applicant developing country. The recommendations are the introduction of the transitory dispute settlement rules covering disputes with accession applicants and the application of certain negotiation principles such as the standstill principle.