Public and private Actors Redefining the WTO Adjudicatory System Role in the Global Arena: Examples from the Civil Aircraft Business

Abstract

The WTO Dispute Settlement System (WTO/DSS) has been a landmark in furthering the autonomy and institutionalization of the multilateral trade system. This article discusses a frequently ignored function of the WTO/DSS: its adjudicatory enforcement in regard to another trade regime, namely the one regulating the civil aircraft manufacturing sector, from the starting point of an analysis of two leading WTO disputes (Brazil – Aircraft and EC – Aircraft). My objective is to identify the operation of so-called “nodal governance” processes through the application of a socio-legal methodology in order to shed light on the actors, mechanisms and dynamics of this system. The civil aircraft sector is a particularly interesting example because, in addition to its economic and political importance, it has mobilized a number of institutions and actors to regulate and support its financing structure. This study, as well as its conclusion, gives special attention to the situation of Brazil.

Keywords: WTO, aircraft manufacturing sector, Brazil, global governance.