Communication and Interpretation Challenges Related to Economic Evidence in Trade Disputes

Iacovides and Jansen (2015): "The Use of Economics in International Trade and Investment Disputes: A Coherent Way Forward", CTEI Working Papers, CTEI-2015-10

22 Pages Posted: 2 May 2016

See all articles by Marios Iacovides

Marios Iacovides

University of Oxford - Institute of European and Comparative Law; Swedish Competition Authority

Marion Jansen

International Trade Centre

Date Written: December 2, 2015

Abstract

Recent years have witnessed numerous instances in which economic evidence has been submitted to adjudicators in the context of WTO disputes. As it turns out, adjudicators have used this evidence only hesitantly as a basis for their decisions. In this paper we argue that a number of communication and interpretation challenges arising from the use of quantitative economic evidence can explain this phenomenon. In particular, we argue that it is in the current context difficult for adjudicators to assess the reliability and (un)biasedness of such evidence. Guidelines on how to assess quantitative evidence and benchmarks against which to evaluate the quality of such evidence may represent a useful if not necessary step in order to raise the acceptance of the use of quantitative evidence in trade disputes.

Keywords: WTO, trade disputes, international trade, law and economics

JEL Classification: F10, K33, C10

Suggested Citation

Iacovides, Marios and Jansen, Marion, Communication and Interpretation Challenges Related to Economic Evidence in Trade Disputes (December 2, 2015). Iacovides and Jansen (2015): "The Use of Economics in International Trade and Investment Disputes: A Coherent Way Forward", CTEI Working Papers, CTEI-2015-10, Available at SSRN: https://ssrn.com/abstract=2773819

Marios Iacovides

University of Oxford - Institute of European and Comparative Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Swedish Competition Authority ( email )

Stockholm SE-103 85
Sweden

Marion Jansen (Contact Author)

International Trade Centre ( email )

54-56 Rue de Montbrillant
Geneva
Switzerland

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