Practical Aspects Of Wto Litigation

Author : Marco Tulio Molina Tejeda
Publisher : Kluwer Law International B.V.
Page : 661 pages
File Size : 52,7 Mb
Release : 2020-07-08
Category : Law
ISBN : 9789041185976

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Practical Aspects of WTO Litigation by Marco Tulio Molina Tejeda Pdf

Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.

Author : David Palmeter,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 356 pages
File Size : 44,8 Mb
Release : 2004-04
Category : Business & Economics
ISBN : 0521530032

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Dispute Settlement in the World Trade Organization by David Palmeter,Petros C. Mavroidis Pdf

Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

Author : Jorge A. Huerta-Goldman,Antoine Romanetti
Publisher : Kluwer Law International B.V.
Page : 472 pages
File Size : 52,5 Mb
Release : 2013-07-01
Category : Law
ISBN : 9789041147011

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WTO Litigation, Investment Arbitration, and Commercial Arbitration by Jorge A. Huerta-Goldman,Antoine Romanetti Pdf

This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and ‘pressure points’ within host governments; selection and appointment of arbitrators, panels and Appellate Body members; use of experts and economics; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing ‘moral damage’; regimes of review, appeals and annulment; enforcement systems of awards, implementation of WTO law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.

Author : Jeffrey Waincymer
Publisher : Unknown
Page : 935 pages
File Size : 45,5 Mb
Release : 2002
Category : Commercial law
ISBN : 1874698732

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WTO Litigation by Jeffrey Waincymer Pdf

Author : Jorge A.. Huerta-Goldman,Antoine Romanetti,Franz Stirnimann
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:936080340

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WTO Litigation, Investment Arbitration, and Commercial Arbitration by Jorge A.. Huerta-Goldman,Antoine Romanetti,Franz Stirnimann Pdf

International investment arbitration, commercial arbitration, and WTO litigation are no longer separate and isolated disciplines. Increasingly, the same international trade dispute or set of potentially unlawful measures taken by a State are subject to overlapping substantive rules and standards contained in a WTO treaty, an investment treaty, or a commercial or investment agreement, each covering a different aspect and each providing for different jurisdictions, procedural avenues, substantive standards and remedies. There exists, however, a wide range of 'cross-cutting' issues and points of 'cross-fertilization' between international commercial arbitration, investment arbitration and WTO litigation, which users of these regimes should be aware of. This book deals with the overlap of the three regimes and discusses the resulting advantages and pitfalls. This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and 'pressure points' within host governments ; selection and appointment of arbitrators, panels and Appellate Body members ; use of experts and economics ; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing 'moral damage'; regimes of review, appeals and annulment; enfoncement systems of awards, implementation of WTO Law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.

Author : World Trade Organization
Publisher : Cambridge University Press
Page : 248 pages
File Size : 53,5 Mb
Release : 2004-06-17
Category : Business & Economics
ISBN : 0521602920

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A Handbook on the WTO Dispute Settlement System by World Trade Organization Pdf

The WTO dispute settlement system plays an important role in clarifying and enforcing the legal obligations contained in the WTO Agreement. It has gained a strong practical relevance as more than 300 disputes have been brought from 1 January 1995 through October 2003. While dispute settlement is certainly not the only activity taking place within the WTO, it has become an important part of the practical reality of the Organization. WTO dispute settlement has also become an important tool in the management by WTO Members of their international economic relations at large. The objective of this handbook is to give the reader a good understanding of the practical operation of this system. Working through this guide, the reader will be introduced to all elements of the dispute settlement process, from the initiation of a case through to the implementation of the decision.

Author : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 48,8 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781108417273

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A Handbook on the WTO Dispute Settlement System by World Trade Organization Pdf

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

Author : Marco C. E. J. Bronckers,Gary N. Horlick
Publisher : Unknown
Page : 836 pages
File Size : 55,7 Mb
Release : 2004
Category : Dispute resolution (Law)
ISBN : 1905017065

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World Trade Organization Jurisprudence and Policy by Marco C. E. J. Bronckers,Gary N. Horlick Pdf

Author : Irfan Ali Thanvi
Publisher : Unknown
Page : 34 pages
File Size : 40,5 Mb
Release : 2018-11-03
Category : Electronic
ISBN : 1670902250

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The Wto Dispute Settlement by Irfan Ali Thanvi Pdf

The Dispute settlement has a hidden side. While academics have explored the `philosophy' of the World Trade Organization (WTO), no attempt has been made to examine it from a practical standpoint. Like most international regimes, the WTO has not paid particular attention to its procedural aspects. Dispute Settlement in the World Trade Organization is the first book to remove the mystery from the WTO's complex procedural law and to make it accessible for practitioners. Through a careful examination of actual practice, including their own experience, the expert authors reveal this hidden, yet crucial side of dispute settlement. Dispute Settlement in the World Trade Organization guides the practitioner from the very initial stages of the proceeding through to its completion. No other work does this. Its useful features include + appendices containing the texts of the applicable agreements (most notably the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, dispute settlement provisions of all other WTO agreements, applicable GATT instruments, and the relevant articles of the Vienna Convention on the Law of Treaties); + footnotes to relevant WTO and secondary sources; + organizational charts of the WTO, the dispute settlement process and procedures before the Textile Monitoring Body; + indexes; and + tables and charts of all cases since January 1, 1995. The authors of Dispute Settlement in the World Trade Organization are a former official of the Legal Affairs Division of the General Agreement on Tariffs and Trade (GATT) and the WTO who has advised and assisted numerous panels, and a private practitioner who has counselled and represented governments and private clients with an interest in the outcomes of WTO and GATT dispute settlement proceedings. Their hands-on guide addresses all of the procedural questions that they actually confronted in the world of dispute settlement. Efficient, lucid, and up-to-date -- nothing else comes close to the practicality of Dispute Settlement in the World Trade Organization. For these reasons, Dispute Settlement in the World Trade Organization is an essential resource for practitioners (those who prepare and present cases to dispute settlement of the WTO and its Appellate Body and those who advise or represent governments and private clients with an interest in the outcomes), diplomats, government lawyers, universities, trade delegates, political scientists, and academics studying international trade or examining dispute settlement from a comparative standpoint. We have further divided this booklet into two sections; the first related to the operations of the DSU of the WTO, The second is related to the Book review.

Author : Rufus Yerxa,Bruce Wilson
Publisher : Cambridge University Press
Page : 328 pages
File Size : 48,6 Mb
Release : 2005-10-20
Category : Law
ISBN : 0521861594

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Key Issues in WTO Dispute Settlement by Rufus Yerxa,Bruce Wilson Pdf

This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.

Author : Peter Van den Bossche
Publisher : Cambridge University Press
Page : 784 pages
File Size : 51,6 Mb
Release : 2005-06-10
Category : Law
ISBN : 1139445553

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The Law and Policy of the World Trade Organization by Peter Van den Bossche Pdf

This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.

Author : Friedl Weiss
Publisher : Cameron May, Limited
Page : 430 pages
File Size : 40,6 Mb
Release : 2000-01-01
Category : Arbitration (International law)
ISBN : 1874698031

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Improving WTO Dispute Settlement Procedures by Friedl Weiss Pdf

Author : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 44,5 Mb
Release : 2015
Category : Business & Economics
ISBN : 9780199571857

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The World Trade Organization by Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn Pdf

This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 44,9 Mb
Release : 2022-07-15
Category : Political Science
ISBN : 9781803921747

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The WTO Dispute Settlement System by Mavroidis, Petros C. Pdf

This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.

Author : Chad P. Bown
Publisher : Rowman & Littlefield
Page : 301 pages
File Size : 47,6 Mb
Release : 2010-02-01
Category : Political Science
ISBN : 9780815704188

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Self-Enforcing Trade by Chad P. Bown Pdf

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.