e-journal

Non-Violations

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The ‘non-violation nullification or impairment’ doctrine is among the more unique
and perplexing features of WTO law. We examine the scope and application of the
non-violation doctrine in the GATT/WTO. Observed cases raising non-violation
claims are relatively uncommon, the non-violation claims that are observed are usually
not adjudicated, and those that are adjudicated are unsuccessful in a relatively high percentage
of cases. This article offers a number of reasons for the relatively modest
(observed) role of the non-violation doctrine over the history of the GATT/WTO system.
We report the results of a formal model developed in a companion paper, which
can deliver differences in equilibrium usage of violation and non-violation claims that
mirror these broad features. We note that although non-violation claims are not often
observed and when observed are less successful, they can still serve a valuable role in
the GATT/WTO, owing in part to their ‘off equilibrium’ effects. We develop a range
of other considerations informally, which further help to explain the limited role of
non-violation claims in the system and hint at some possible reforms to clarify its
proper scope.

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Informasi Detail

Judul Seri

Journal of International Economic Law

No. Panggil

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Penerbit

: Oxford University Press., 2013

Deskripsi Fisik

Journal of International Economic Law, 2013, 16, 741–775

Bahasa

English

ISBN/ISSN

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Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

EKONOMI

Info Detail Spesifik

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Pernyataan Tanggungjawab

agus

Versi lain/terkait

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