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Article
Does Strategic Ambiguity Have a Place in the WTO Dispute Settlement Understanding?
Author(s)
Mervyn Martin
Maryam Shadman Pajouh
Full-Text PDF XML 711 Views
DOI:10.17265/1548-6605/2019.05.004
Affiliation(s)
Teesside University, England, United Kingdom
Teesside University, England, United Kingdom
ABSTRACT
The notion of strategic
ambiguity is deemed by some as beneficial to the WTO Dispute Settlement
Understanding (DSU). However, strategic ambiguity does not complement or
support the rule based rationale that underpins the WTO Agreements as a whole.
Analysis of the WTO DSU provisions indicate that it was intended to be a
rule-based mechanism. When viewed from a practical perspective in relation to
the final outcome of the US-Shrimp case, the damaging aspects of strategic ambiguity to the DSU can be fully appreciated.
KEYWORDS
WTO, Dispute Settlement Understanding, strategic ambiguity, US-Shrimp
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