The Role of Dispute Settlement Procedures in International Trade Agreements*
研究了WTO争端解决机构在解释模糊条款和填补协议空白时的最佳角色，探讨其是否应设定先例以及如何在不同合同条件下选择最优合同形式和授权范围。
Although disputes are typically treated as synonymous with concerns about enforcement in economic models of trade agreements, in reality most WTO disputes seem to concern the interpretation of vague provisions, or instances where the agreement is silent. And some have suggested that the WTO's Dispute Settlement Body (DSB) could usefully grant exceptions to rigid contractual obligations. These activist DSB roles could help “complete” an incomplete contract. But how activist should the DSB be? Should DSB rulings set precedent? We address these questions by characterizing the optimal choice of contract form and DSB mandate under various contracting conditions. <it>JEL</it> Codes: D02, D78, D86, F13, K12, K33.