Christina L. Davis

International Institutions and Issue Linkage: Building Support for Agricultural Trade Liberalization

This article explains how the institutional context of international negotiations influences their outcomes. I argue that issue linkage counteracts domestic obstacles to liberalization by broadening the negotiation stakes. Institutions bolster the credibility of the linkage to make it more effective. I test the argument in the agricultural sector, which has been among the most difficult sectors for governments to liberalize. Statistical analysis of U.S. negotiations with Japan and the EU from 1970 to 1999 indicates that an institutionalized linkage between agricultural and industrial issues encourages agricultural liberalization in both Japan and Europe. Through case studies of key negotiations, I first examine why countries choose to link issues, then show how the linkage changes interest group mobilization and shifts the policy process to promote liberalization.

Who Files? Developing Country Participation in GATT/WTO Adjudication

The potential for international law to reduce power asymmetries depends on weaker countries learning to navigate the legal system. This paper examines the use of courts by developing countries to defend their trade interests. Power relations and low capacity may prevent these countries from fully participating in the international trade system. Yet some developing countries have been among the most active participants in GATT/WTO adjudication. We argue that high startup costs for using trade litigation are a barrier to developing country use of the dispute settlement process. Analysis of dispute initiation from 1975 to 2003 shows that past experience in trade adjudication, as either a complainant or a defendant, increases the likelihood that a developing country will initiate disputes. As weaker countries overcome these initial capacity constraints they will increasingly benefit from the international legal structures they have joined.

Overlapping Institutions in Trade Policy

This article examines the effect of overlapping institutions in trade policy, where the World Trade Organization, preferential trade agreements, and other economic negotiation venues give states many options for negotiating rules and settling disputes. This article argues that overlapping institutions influence trade politics at three stages: selection of venue, negotiation of liberalization commitments, and enforcement of compliance. First, lobby groups and governments on both sides of a trade negotiation try to choose the set of rules that will favor their preferred outcome. WTO rules that restrict use of coercive tactics outside of the WTO generate a selection process that filters the most difficult trade issues into WTO trade rounds or dispute adjudication while easier issues are settled in bilateral and regional fora. This selection dynamic creates a challenge at the negotiation stage by disaggregating interest group pressure for liberalization commitments. The narrowing of interest group lobbying for the multilateral process may impede negotiation of liberalization agreements that could only gain political support through a broad coalition of exporter mobilization. At the enforcement stage international regime complexity creates the potential for contradictory legal rulings that undermine compliance, but also adds greater penalties for noncompliance if reputation effects operate across agreements.

Firms, Governments, and WTO Adjudication: Japan's Selection of WTO Disputes

What explains the selection of cases for WTO adjudication? This article explores the business conditions under which industries lobby their home government to use the WTO adjudication process and the political factors that influence government decisions. It explains the industry pattern of selection for international trade disputes as a function of the velocity of the business environment. While WTO adjudication is seen as costly and slow, a positive ruling brings broad benefits in terms of deterrence against future discrimination. Firms in static industries will invest in WTO dispute settlement to achieve these benefits, but firms in industries shaped by dynamic competition have high opportunity costs that make them less willing to pursue adjudication. This argument accounts for why there are fewer WTO cases about electronics industry issues than there are likely incidences of protectionist measures. Since Japan is a leading exporter and provides a government report with unique data on potential WTO disputes, it was chosen to test the argument in greater depth. Interviews with Japanese business officials and statistical analysis of an original data set provide support for the argument. The authors conclude that the passive attitude toward WTO adjudication by Japans largest export industry, electronics, and the sensitivity of Japans diplomatic relations with China have constrained the cases that Japan files. These findings suggest that the effectiveness of the WTO for dispute settlement is conditional upon the time horizon of the industry and the political relations among members.

Linkage Diplomacy: Economic and Security Bargaining in the Anglo-Japanese Alliance, 1902–23

How do states use economic-security linkages in international bargaining? Governments can provide economic benefits as a side payment to reinforce security cooperation and use close security ties as a source of bargaining leverage in economic negotiations. Domestic political pressures, however, may constrain the form of linkage. First, economic side payments are more likely to be chosen in areas that will not harm the key interests of the ruling party. Second, involvement by the legislature pushes governments toward using security ties as bargaining leverage for economic gains. Evidence from negotiations between Britain and Japan during the Anglo-Japanese alliance of 1902 to 1923 supports the constraining role of domestic politics. Economic-security linkages occurred as Britain gave favorable economic treatment to Japan in order to strengthen the alliance. Economic competition between the allies, however, made it difficult for Britain to grant asymmetrical economic benefits. In tariff negotiations where business interests had more influence in the domestic policy process, the alliance was used as leverage to force reciprocity.

Negotiating Trade: Do WTO rules create a level playing field? Lessons from the experience of Peru and Vietnam

Introduction Scholars of international relations and the NGO groups protesting on the streets of Seattle in 1999 share a common assumption. Both believe that less developed countries are at a disadvantage when negotiating with more powerful counterparts. Smaller market size makes it ineffective for developing countries to use threats of retaliation in order to combat discrimination against their goods. In contrast, retaliation measures taken by larger economies can easily cause severe damage to a smaller economy. This leaves developing countries vulnerable to discriminatory trade policies adopted by their major trade partners. In spite of their apparent lack of bargaining leverage, however, in some negotiations developing countries have been able to achieve positive outcomes – even the overturn of protectionist measures against their exports by the United States and EU. Simply evaluating the relative market power of the two sides in an economic negotiation is inadequate. As Odell argues, the strategies used in the negotiation process matter as much as the material resources of each participant. In addition, the institutional context of the negotiation can generate pressure for liberalization. For trade negotiations, the institutional context is shaped by the General Agreement on Tariffs and Trade (GATT) and its successor the World Trade Organization (WTO). The GATT/WTO system upholds trade rules that apply equally to rich and poor countries alike and are enforced by a third party adjudication process to settle disputes. The WTO dispute settlement procedures provide developing country.

Joining the Club: Accession to the GATT/WTO

Which states join international institutions? Existing theories of the multilateral trade regime, the GATT/WTO, emphasize gains from cooperation on substantive policies regulated by the institution. We argue that political ties rather than issue-area functional gains determine who joins, and we show how geopolitical alignment shapes the demand and supply sides of membership. Discretionary accession rules allow members to selectively recruit some countries in pursuit of foreign policy goals, and common interests attract applicants who are not yet free traders. We use a duration model to statistically analyze accession time to application and length of accession negotiations for the period 1948–2014. Our findings challenge the view that states first liberalize trade to join the GATT/WTO. Instead, democracy and foreign policy similarity encourage states to join. The importance of political ties for membership in the trade regime suggests that theories of international institutions must look beyond narrowly defined institutional scope.

Cooperation in Hard Times : Self-Restraint of Trade Protection ∗

Hard times give rise to greater demand for protection. International trade rules include provisions that allow for raising barriers to aid industries when they suffer economic injury. Yet widespread use of flexibility measures may undermine the trade system and worsen economic conditions. How do states balance these conflicting pressures? This article assesses the effect of crises on cooperation in trade. We hypothesize that governments impose less protectionism during economic crisis when economic troubles are widespread across countries than when they face crisis in isolation. The lesson of Smoot–Hawley and coordination through international economic institutions represent mechanisms of informal governance that encourage cooperation to avoid a spiral of protectionism. Analysis of industry-level data on protection measures for the period from 1996 to 2011 provides support for our claim that under conditions of shared hard times, states exercise strategic self-restraint to avoid beggar-thy-neighbor policies.

State Control and the Effects of Foreign Relations on Bilateral Trade

Can governments still use trade to reward and punish partner countries? While WTO rules and the pressures of globalization restrict states’ capacity to manipulate trade policies, politicization of trade is likely to occur where governments intervene in markets. We examine state ownership of firms as one tool of government control. Taking China and India as examples, we use new data on imports disaggregated by firm ownership type, as well as measures of political relations based on bilateral events and UN voting data to estimate the effect of political relations on import flows since the early 1990s. Our results support the hypothesis that imports controlled by state-owned enterprises (SOEs) are more responsive to political relations than imports controlled by private enterprises. This finding suggests that politicized trade will increase as countries with partially state-controlled economies gain strength in the global economy.

WTO Dispute Settlement as a Tool for Conflict Management

The effect of courts arises through process and precedent. First, the process of selecting cases to escalate in the legal venue reveals information about the preferences of defendant and complainant. A third party arbitrator and multilateral membership adds international obligation and reputation as new leverage for compliance. Second, a formal dispute mechanism may have broader impact if the adjudication of one case leads to other countries reforming policies. This paper examines WTO dispute settlement to assess the role of courts to solve disputes and prevent future incidents. The effectiveness of WTO dispute settlement as a process for resolving specific disputes is tested with statistical analysis of an original dataset of potential trade disputes coded from U.S. government reports on foreign trade barriers. Evidence shows that taking a dispute to legal forum brings policy change and reduces dispute duration in comparison with outcomes achieved in bilateral negotiations. Whether these cases also prevent future disputes is more challenging to evaluate. The paper explores the possibility of precedent effects through analysis of the time trend in frequency of complaints filed by all members from 1995 to 2009.