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Author : Per Sevastik
Publisher : Unknown
Page : 277 pages
File Size : 44,7 Mb
Release : 1997
Category : Law
ISBN : 9139000788
Present and future, by Per Falk
Author : Blaise Tayou
Publisher : GRIN Verlag
Page : 59 pages
File Size : 44,7 Mb
Release : 2021-12-13
Category : Law
ISBN : 9783346554574
Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, University of Brussel, language: English, abstract: This dissertation will focus on the question of whether an advisory center for developing countries should be established as a sort of legal aid for investment disputes, although the international Centre for the settlement of investment disputes (ICSID) which is an international arbitration center for the resolution and conciliation between international investors does exist, it provides equal rights and obligations to enter into the dispute settlement process for all member countries. However the litigation process is complex and costly for developing countries, there are such limitations that do exist for developing country’s participation when they want to use the international Centre for the settlement of investment disputes, this dissertation will then have to focus on the reasons that will give rise to the establishment of the center, the challenges for the establishment of the advisory center and go further to look at the strengths and limitations of the establishment of an Advisory Centre, before giving some recommendations and the conclusion, In this regard, we will examine some possible recommendations for the establishment of an advisory center on investment law for developing countries which will help to develop a more effective working dispute settlement mechanism for developing countries.
Author : Committee on Legal Services to the Poor in the Developing Countries
Publisher : Unknown
Page : 344 pages
File Size : 44,5 Mb
Release : 1974
Category : Legal assistance to the poor
ISBN : STANFORD:36105044020332
Author : George A. Bermann,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 382 pages
File Size : 47,6 Mb
Release : 2011-08-18
Category : Law
ISBN : 110740309X
Examining developing countries within the WTO, it's easy to see there is a disconnect between what was expected from the WTO and what is actually being done for the developing countries. This book examines the different aspects of law within the WTO and how the developing countries are reacting to the Doha Developmental round, which took place after the September 11th attacks. This book also examines the differences between what the developing countries require and what they expect from the WTO which is not homogenous.
Author : Chantal Thomas,Joel P. Trachtman
Publisher : Oxford University Press
Page : 536 pages
File Size : 44,6 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 9780195383614
With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.
Author : Julio Faundez,Celine Tan
Publisher : Edward Elgar Publishing
Page : 513 pages
File Size : 43,8 Mb
Release : 2010
Category : Law
ISBN : 9781849806671
This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.
Author : Paul S. Baut
Publisher : Unknown
Page : 172 pages
File Size : 47,8 Mb
Release : 1990
Category : Human rights
ISBN : UOM:39015019590176
Author : Alli Hendriks
Publisher : GRIN Verlag
Page : 18 pages
File Size : 55,7 Mb
Release : 2016-12-30
Category : Law
ISBN : 9783668372115
Essay from the year 2016 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, Macquarie University, course: Law, language: English, abstract: The Dispute Settlement Procedure (DSP) embodied in the Dispute Settlement Understanding (DSU) of the World Trade Organisation (WTO) is a highly effective mechanism to ensure disputes are resolved in a reasonable period of time. However, it does not satisfactorily address the needs of developing countries to access the DSP. This could be reformed through financial and legal assistance for these countries. In addition, a more substantiated non-compliance clause could assist the timely resolution of disputes so as to not disrupt the free flow of international trade in goods and services, a key objective of the WTO system.
Author : Sevastik
Publisher : Martinus Nijhoff Publishers
Page : 277 pages
File Size : 50,9 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004632851
Since the early 1960s an essential ingredient of Sweden's international development aid has been focused on democracy and human rights issues and Sweden has been refining its policy continuously within this area. Today this policy has reached a certain degree of sophistication and therefore a natural focal point is on the development of the rule of law in various recipient countries. When and why was it introduced in Swedish development assistance? What does it actually entail? These and other issues related to assistance within the legal sector are discussed in this anthology written by university professors, researchers and lecturers from various law faculties and institutions in Sweden familiar with the developmental work which is channelled through the Swedish International Development Co-operation Agency (SIDA). It encapsulates both actual conditions and ideas outlining future perspectives.
Author : Amrita Bahri
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,8 Mb
Release : 2018
Category : BUSINESS & ECONOMICS
ISBN : 9781786437495
Public Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU).
Author : Chad P. Bown
Publisher : Rowman & Littlefield
Page : 301 pages
File Size : 48,5 Mb
Release : 2010-02-01
Category : Political Science
ISBN : 9780815704188
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
Author : Peter Gallagher
Publisher : Springer
Page : 376 pages
File Size : 49,5 Mb
Release : 2000-09-25
Category : Business & Economics
ISBN : UOM:39015050768087
Developing countries comprise a two-thirds majority of the membership of the World Trade Organization, with nearly thirty of these classed by the UN as being among the 48 least-developed countries in the world. In order to ensure the equitable participation of these countries in the benefits of the global trading system, the GATT Uruguay Round Agreements that created the WTO accorded special and differential treatment to developing countries. This Guide covers these provisions of the WTO Agreements, with detailed information on how developing countries can benefit from special rules governing such areas as: access to developed country markets in all major commodities and services, the dispute settlement process, trade policy review, foreign direct investment, environmental and labour standards, and technical assistance. The Guide also offers the reader case studies on how some developing country members of the WTO (Uganda, India, and CandÔte d'Ivoire) are making progress in working with the obligations and the benefits provided to them by the WTO Agreements.
Author : Guohua Yang,Yang Guohua,Bryan Mercurio,Yongjie Li
Publisher : Kluwer Law International B.V.
Page : 610 pages
File Size : 45,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123619
In the course of the first decade of the existence of the World Trade Organisation (WTO), the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) has shown itself to be the foundation upon which the stable bas of the organisation rests. In essence, the DSU created a system of binding dispute settlement based on legal rules and procedures closely resembling a domestic, judicially based court system. The DSU established the procedures and rules to solve the dispute between the WTO Members and its formation has unquestionably added to the stability and positively influenced the performance of the international trading system. In short, the DSU is the procedural law within the WTO legal system. Although a strict system of precedent is not contemplated in the DSU itself, a system of de facto precedent has emerged and every panel or appellate body carefully considers past cases in its decisions. Accordingly, a rich body of case law has developed from the jurisprudence of the Dispute Settlement Board (DSB). This major new publication is the first comprehensive exploration of this jurisprudence. Through an article-by-article interpretation of the DSU, this book analyses how the panels and Appellate Body have read, interpreted and construed the provisions of the DSU. Its expert authors provide detailed juridical essays on each of the 27 articles of the DSU, with precise commentary on how panel and Appellate Body reports and arbitral awards (over 100 to date) affect the interpretation and application of the various DSU provisions. The coverage also includes the special or additional rules and procedures referred to in some of the agreements covered by the DSU, especially the manner in which the DSB has applied such rules to anti-dumping, subsidies and countervailing measures, and textiles. In addition, the volume reprints all of the DSU-related documents for easy reference. WTO Dispute Settlement Understanding: A Detailed Interpretation provides complete and through evaluation of the practical working meaning of the DSU. It will be of invaluable assistance to government officials, legal practitioners, scholars, media participants, non-governmental organisations, and other in their practical and important endeavors. The detailed analysis of this very important legal material will be welcomed by all concerned with matters of world trade and globalisation.
Author : Robert E. Hudec
Publisher : Cambridge University Press
Page : 233 pages
File Size : 44,5 Mb
Release : 2010-11-15
Category : Law
ISBN : 9781139495530
In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.
Author : Jayashree Watal
Publisher : Springer
Page : 536 pages
File Size : 52,5 Mb
Release : 2001-02-23
Category : Law
ISBN : UOM:39015050767592
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
