2010 Fiscal Year Final Research Report
Forensic Economics in International Law
| Project/Area Number |
21730046
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Gakushuin University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2010
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| Keywords | 国際法 / 国際経済法 / 法と経済学 / 経済モデル / WTO / 紛争解決手続 |
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| Research Abstract |
This project focused on the advantages and disadvantages of use of economic analysis in the WTO dispute settlement when fact-finding of economic phenomenon is necessary, for example in a case concerning trade effect of an export subsidy. In particular I analyzed Article 22.6 arbitrations which determine the level of countermeasures against non-implementing states. The research has shown that while the use of economic models is becoming common than it was, there are still various approaches in terms of what kind of economic models should be used in a given case. The WTO members generally have recognized the advantages of use of economic analysis in the dispute settlement procedure and search for an appropriate level of burden of proof continues. In the WTO dispute settlement, the use of economic models is becoming common in the findings of “serious prejudice” under Article 5 of the Subsidy Agreement as well. Economic analysis may present possible choices of a finding of an economic phenomenon. It seems possible that economists may explain the contents and results of economic models persuasively to lawyers who do not have expertise in economics. However, the more complex the economic models become in pursuit of the accuracy of the results of the models, the more difficult to understand the models become for non-economists. There is a risk that economic models develop into “black boxes”. On the contrary, over-simplified models which are easy to understand for lawyers may not produce adequate results with sufficient accuracy. Therefore, it is necessary that the economic models used in dispute settlement strike the balance between complexity and simplification and lawyers who engage in proceedings acquire certain knowledge about economics.
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