Why Do Some International Institutions Contain Strong Dispute Settlement Provisions: New Evidence from Preferential Trade Agreements

To understand why some international institutions have stronger dispute settlement mechanisms (DSMs) than others, we investigate the dispute settlement provisions of nearly 600 preferential trade agreements (PTAs), which possess several desirable case-selection features and are evoked more than is realized. We broaden the study of dispute settlement design beyond “legalization” and instead reorient theorizing around a multi-faceted conceptualization of the strength of DSMs. We posit that strong DSMs are first and foremost a rational response to features of agreements that require stronger dispute settlement, such as depth and large memberships. Multivariate empirical tests using a new data set on PTA design confirm these expectations and reveal that depth – the amount of policy change specified in an agreement – is the most powerful and consistent predictor of DSM strength, providing empirical support to a long-posited but controversial conjecture. Yet power also plays a sizeable role, since agreements among asymmetric members are more likely to have strong DSMs due to their mutual appeal, as are those involving the United States. Important regional differences also emerge, as PTAs across the Americas are designed with strong dispute settlement, as are Asian PTAs, which contradicts the conventional wisdom about Asian values and legalization. Our findings demonstrate that rationalism explains much of international institutional design, yet it can be enhanced by also incorporating power-based and regional explanations.

By a Committee appointed by the National Mediation Board in the matter of the application of : Air Line Pilots Association, International alleging representation dispute pursuant to Section 2, Ninth, of the Railway Labor Act and Flight Engineers' International Association involving employees of United Air Lines, Incorporated. Findings upon investigation January 17, 1961.

File no. C-2946.

Report to the President to investigate an unadjusted dispute between American Airlines, inc. : a carrier, and certain of its employees represented by the Air Line Pilots Association, International, a labor organization.

Sign: James Healy, Maynard E. Pirsig, Benjamin C. Roberts.

Report to the President by the Emergency Board created September 23, 1946, pursuant to section 10 of the Railway labor act to investigate the dispute between the Utah Idaho Central Railroad Corporation and those of its employees represented by the International Association of Machinist. Ogden, Utah, October 11, 1946. No. 42.

Mode of access: Internet.

Report of the President's Boeing Aerospace Board, appointed on September 13, 1962 in the matter of the labor dispute between the International Association of Machinists, AFL-CIO and the Boeing Company.

Saul Wallen, chairman.

Apocalypse forever? International relations implications of 11 September

This is a contribution to ongoing discussion of the international relations issues raised by the terrorist attacks of 11 September 2001. It acknowledges apparent failings (of analysis or prediction) in the IR literature but then suggests the shortcomings are really the product of divergent traditions of analysis (behaviouralism, structuralism and evolutionism) which isolate different aspects of phenomena for attention. The paper then discusses the contrast between hard power and soft power - to help identify the distinctiveness of the new forms of terrorism (their non-linear objectives and the lack of proportionality involved). It concludes on an encouraging note by urging international cooperation as a solution, even in cases where the protagonists' resentments have tended to militate against conventional channels of dispute resolution.

The Recent International and Regulatory Decisions about Geographical Indications, 2007

As worldwide consumer demand for high-quality products and for information about these products increases, labels and geographical indications (GIs) can serve to signal quality traits to consumers. However, GI systems among countries are not homogeneous and can be used as trade barriers against competition. Philosophical differences between the European Union and the United States about how GIs should be registered and protected led to the formation of a WTO dispute settlement panel. In this paper we discuss the issues behind the dispute, the World Trade Organization (WTO) panel decision, and the EU response to the panel decision leading to the new Regulation 510/2006. Given the potential for GI labels to supply consumer information, context is provided for the discussion using recent literature on product labeling. Implications are drawn regarding the importance of the panel decision and the EU response relative to GI issues yet to be negotiated under the Doha Round.

Ethnic conflicts and international politics : an analysis of the communal regional, and global dimensions of the Cyprus problem

The thesis assesses the impact of international factors on relations between Greek and Turkish Cypriots during and after the Cold War. Through an analysis of the Cyprus problem it explores both why external actors intervene in communal conflicts and how they influence relations between ethnic groups in plural societies. The analytical framework employed throughout the study draws on contributions of International Relations theorists and students of ethnic conflict. The thesis argues that, as in the global political system, relations between ethnic groups in unranked communal systems are anarchic; that is, actors within the system do not recognize a sovereign political authority. In bipolar communal systems dominated by two relatively equal groups, the struggle for security and power often leads to appeals for assistance from external actors. The framework notes that neighboring states and Great Powers may heed calls for assistance, or intervene without a prior request, if it is in their interest to do so. The convergence of regional and global interests in communal affairs exacerbates ethnic conflicts and precludes the development of effective political institutions. The impact of external intervention in ethnic conflicts has the potential to alter the basis of communal relations. The Cyprus problem is examined both during and after the Cold War in order to gauge how global and regional actors and the structure of their respective systems have affected relations between ethnic groups in Cyprus. The thesis argues that Cyprus's descent into civil war in 1963 was due in part to the entrenchment of external interests in the Republic's constitution. The study also notes that power politics involving the United States, Soviet Union, Greece and Turkey continued to affect the development of communal relations throughout the 1960s, 70s, and, 80s. External intervention culminated in July and August 1974, after a Greek sponsored coup was answered by Turkey's invasion and partition of Cyprus. The forced expulsion of Greek Cypriots from the island's northern territories led to the establishment of ethnically homogeneous zones, thus altering the context of communal relations dramatically. The study also examines the role of the United Nations in Cyprus, noting that its failure to settle the dispute was due in large part to a lack of cooperation from Turkey, and the United States' and Soviet Union's acceptance of the status quo following the 1974 invasion and partition of the island. The thesis argues that the deterioration of Greek-Turkish relations in the post-Cold War era has made a solution to the dispute unlikely for the time being. Barring any dramatic changes in relations between communal and regional antagonists, relations between Greek and Turkish Cypriots will continue to develop along the lines established in July/August 1974. The thesis concludes by affirming the validity of its core hypotheses through a brief survey of recent works touching on international politics and ethnic conflict. Questions requiring further research are noted as are elements of the study that require further refinement.

Dispute resolution and “environmental” provisions in the WTO: promising developments for environmental matters

En la actualidad, la política internacional tiende hacia la unificación económica y cultural (globalización), en la cual la totalidad de las naciones se encuentran vinculadas por interacciones comerciales. Para que los compromisos adquiridos en materia de protección ambiental sean respetados, el derecho ambiental debe dejar de ser considerado como una disciplina separada y buscar sinergias que le permitan convertirse en un actor importante en las relaciones comerciales. En el presente ensayo se argumenta que el comercio internacional y el derecho ambiental han coevolucionado en las últimas tres décadas, hasta llegar a un balance en el concepto de desarrollo sostenible.Este artículo explora esta coevolución, mientras propone que la Organización Mundial del Comercio (OMC) puede jugar un importante rol en el cumplimiento de los objetivos internacionales de protección ambiental si sus disposiciones “verdes” y su sistema de resolución de conflictos son utilizados para promoverlos, tal como está sucediendo. Para ilustrar este punto, se presenta un breve resumen de los tratados comerciales y ambientales suscritos desde los años setenta, seguido de una explicación de las disposiciones legales de la OMC que pueden ser consideradas como “verdes”, con el fin de hallar puntos de convergencia que puedan ser utilizados por los países miembros no solo para justificar la adopción de normativas domésticas de protección ambiental, sino también para instar a los otros signatarios en el cumplimiento de sus obligaciones en esta área.