The Wto Dispute Settlement

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A Handbook on the WTO Dispute Settlement System

World Trade Organization
A Handbook on the WTO Dispute Settlement System Book PDF

Author : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 41,8 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.

Dispute Settlement in the World Trade Organization

David Palmeter,Petros C. Mavroidis
Dispute Settlement in the World Trade Organization Book PDF

Author : David Palmeter,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 356 pages
File Size : 44,7 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.

The WTO Dispute Settlement System

Mavroidis, Petros C.
The WTO Dispute Settlement System Book PDF

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 54,5 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.

The WTO Dispute Settlement Mechanism

Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
The WTO Dispute Settlement Mechanism Book PDF

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 51,5 Mb
Release : 2019-04-09
Category : Law
ISBN : 9783030032630

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The WTO Dispute Settlement Mechanism by Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro Pdf

This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

Key Issues in WTO Dispute Settlement

Rufus Yerxa,Bruce Wilson
Key Issues in WTO Dispute Settlement Book PDF

Author : Rufus Yerxa,Bruce Wilson
Publisher : Cambridge University Press
Page : 328 pages
File Size : 51,8 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.

The WTO at Ten

Giorgio Sacerdoti,Alan Yanovich,Jan Bohanes
The WTO at Ten Book PDF

Author : Giorgio Sacerdoti,Alan Yanovich,Jan Bohanes
Publisher : Cambridge University Press
Page : 44 pages
File Size : 49,5 Mb
Release : 2006-07-06
Category : Law
ISBN : 9780521863148

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The WTO at Ten by Giorgio Sacerdoti,Alan Yanovich,Jan Bohanes Pdf

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Self-Enforcing Trade

Chad P. Bown
Self Enforcing Trade Book PDF

Author : Chad P. Bown
Publisher : Rowman & Littlefield
Page : 301 pages
File Size : 43,8 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.

The GATT/WTO Dispute Settlement System

Ernst-Ulrich Petersmann
The GATT WTO Dispute Settlement System Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : BRILL
Page : 364 pages
File Size : 43,8 Mb
Release : 2024-01-22
Category : Law
ISBN : 9789004636910

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The GATT/WTO Dispute Settlement System by Ernst-Ulrich Petersmann Pdf

The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

The Law, Economics and Politics of Retaliation in WTO Dispute Settlement

Chad P. Bown,Joost Pauwelyn
The Law Economics and Politics of Retaliation in WTO Dispute Settlement Book PDF

Author : Chad P. Bown,Joost Pauwelyn
Publisher : Cambridge University Press
Page : 693 pages
File Size : 54,9 Mb
Release : 2010-01-07
Category : Business & Economics
ISBN : 9780521119979

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The Law, Economics and Politics of Retaliation in WTO Dispute Settlement by Chad P. Bown,Joost Pauwelyn Pdf

A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.

Public Private Partnership for WTO Dispute Settlement

Amrita Bahri
Public Private Partnership for WTO Dispute Settlement Book PDF

Author : Amrita Bahri
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 41,7 Mb
Release : 2018
Category : BUSINESS & ECONOMICS
ISBN : 9781786437495

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Public Private Partnership for WTO Dispute Settlement by Amrita Bahri Pdf

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).

WTO Dispute Settlement and the TRIPS Agreement

Matthew Kennedy
WTO Dispute Settlement and the TRIPS Agreement Book PDF

Author : Matthew Kennedy
Publisher : Cambridge University Press
Page : 0 pages
File Size : 49,8 Mb
Release : 2018-12-20
Category : Law
ISBN : 1316507890

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WTO Dispute Settlement and the TRIPS Agreement by Matthew Kennedy Pdf

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

WTO Dispute Settlement Understanding and Development

Mervyn Martin
WTO Dispute Settlement Understanding and Development Book PDF

Author : Mervyn Martin
Publisher : Martinus Nijhoff Publishers
Page : 361 pages
File Size : 52,6 Mb
Release : 2013-01-30
Category : Law
ISBN : 9789004227811

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WTO Dispute Settlement Understanding and Development by Mervyn Martin Pdf

This book examines the effectiveness of the World Trade Organisation (WTO) Dispute Settlement Understanding (DSU) in pursuing the developmental objectives of the WTO is a whole.

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

Cornelia Furculiță
The WTO and the New Generation EU FTA Dispute Settlement Mechanisms Book PDF

Author : Cornelia Furculiță
Publisher : Springer Nature
Page : 371 pages
File Size : 48,8 Mb
Release : 2021-09-10
Category : Law
ISBN : 9783030831189

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The WTO and the New Generation EU FTA Dispute Settlement Mechanisms by Cornelia Furculiță Pdf

This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

The WTO Dispute Settlement System, 1995-2003

Federico Ortino,Ernst-Ulrich Petersmann
The WTO Dispute Settlement System 1995 2003 Book PDF

Author : Federico Ortino,Ernst-Ulrich Petersmann
Publisher : Kluwer Law International B.V.
Page : 632 pages
File Size : 44,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122322

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The WTO Dispute Settlement System, 1995-2003 by Federico Ortino,Ernst-Ulrich Petersmann Pdf

In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ?ordinary meaning? of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the ?legislative? and ?(quasi) judicial? activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.

The Gatt/Wto Dispute Settlement System

Ernst-Ulrich Petersmann
The Gatt Wto Dispute Settlement System Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 52,9 Mb
Release : 1997-02-11
Category : Political Science
ISBN : 9041109331

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The Gatt/Wto Dispute Settlement System by Ernst-Ulrich Petersmann Pdf

The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.