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Author : Rahmat Mohamad
Publisher : Unknown
Page : 196 pages
File Size : 51,6 Mb
Release : 2004
Category : Arbitration (International law)
ISBN : UCSD:31822035529239
Author : James C. Hartigan
Publisher : Emerald Group Publishing
Page : 510 pages
File Size : 43,6 Mb
Release : 2009-02-01
Category : Political Science
ISBN : 9781848552067
Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Author : Mervyn Martin
Publisher : Martinus Nijhoff Publishers
Page : 361 pages
File Size : 40,6 Mb
Release : 2013-01-30
Category : Law
ISBN : 9789004227811
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.
Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 41,5 Mb
Release : 2019-04-09
Category : Law
ISBN : 9783030032630
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.
Author : Rüdiger Wolfrum,Peter-Tobias Stoll,Karen Kaiser
Publisher : BRILL
Page : 704 pages
File Size : 48,5 Mb
Release : 2006-05-29
Category : Business & Economics
ISBN : 9789047418184
In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization.
Author : Dencho Georgiev,Kim van der Borght
Publisher : Cameron May
Page : 488 pages
File Size : 49,5 Mb
Release : 2006
Category : Arbitration and award, International
ISBN : 9781905017249
The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.
Author : Thomas Alexander Zimmermann
Publisher : Cameron May
Page : 321 pages
File Size : 40,7 Mb
Release : 2006
Category : Law
ISBN : 9781905017171
Since the establishment of the WTO on 1 January 1995, the dispute settlement mechanism has arguably been the most active part of the Organization. In the first ten years up to 31 December 2004, a total of 324 consultation requests have been notified to the WTO. Dispute settlement practice has thus contributed to the evolution of the multilateral trading system even at times when political negotiations made little head way. Since late 1997, Members have engaged, under different mandates, in negotiations on improvements and clarifications to the dispute settlement mechanism. So far, none of these efforts have borne fruit and all the negotiating deadlines have lapsed without success. Currently, negotiations are continuing, however without any specific time limit. This book reviews the DSU reform negotiating process since 1998. It discusses the proposals that Members have submitted under the Doha mandated review in 2002 and 2003, w
Author : Guohua Yang,Yang Guohua,Bryan Mercurio,Yongjie Li
Publisher : Kluwer Law International B.V.
Page : 610 pages
File Size : 46,7 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 : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 52,5 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781108417273
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 : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 42,6 Mb
Release : 2022-07-15
Category : Political Science
ISBN : 9781803921747
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 : Robert Z. Lawrence
Publisher : Council on Foreign Relations Press
Page : 66 pages
File Size : 49,6 Mb
Release : 2007
Category : Arbitration (International law)
ISBN : UCSD:31822034734798
The Doha negotiations have stalled since last summer, and, as the November elections in the United States highlighted, American advocates of economic nationalism are growing in strength. Nevertheless, Robert Lawrence makes a case for the effectiveness of the World Trade Organization (WTO), particularly its dispute settlement system, and the benefits that would accrue to the United States and others from improving its effectiveness. These benefits include expanding world trade and increasing support for an often beleaguered organization that is central to the conduct of world trade.In this Council Special Report, Professor Lawrence addresses the critics of the dispute settlement mechanism —both those who think it should be tougher on countries that violate trade rules and those who think it is already so tough as to violate sovereignty. He points out the successes of the WTO since its creation in 1995 and argues that radical changes to the system are ill-advised. Lawrence nonetheless suggests several areas for reform, from steps that require multilateral negotiations, such as improving opportunities for nonstate actor participation in and enhancing transparency of the process, to changes the United States could make in its own behavior.
Author : Petros C. Mavroidis,A. O. Sykes
Publisher : Edward Elgar Publishing
Page : 720 pages
File Size : 51,5 Mb
Release : 2005
Category : Arbitration and award, International
ISBN : UCSD:31822035427806
The system of dispute resolution within the WTO and its evolution over time have attracted the attention of numerous scholars. This volume brings together a selection of papers by prominent scholars working in a range of disciplines. The collection is divided into six parts. The first addresses broad questions about the scope and function of the dispute resolution system. Part II considers the relationship between the dispute system and national authorities, while part III focuses more narrowly on the remedies for breach of legal obligations in the WTO system. Part IV examines litigation and settlement questions. Part V considers the pre-WTO environment and the role of unilateralism in the enforcement of commitments under GATT. The final section looks at broader systemic issues. This insightful volume will be an essential source of reference for students and practitioners alike. 25 articles, dating from 1992 to 2003
Author : Gregory C. Shaffer,Ricardo Meléndez-Ortiz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 44,8 Mb
Release : 2010-11-18
Category : Law
ISBN : 9781139493284
This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
Author : Ernst-Ulrich Petersmann
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 43,9 Mb
Release : 1997-02-11
Category : Political Science
ISBN : 9041109331
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.
Author : Robert Howse,Petrus van Bork
Publisher : Taylor & Francis
Page : 534 pages
File Size : 46,5 Mb
Release : 1998
Category : Business & Economics
ISBN : 0415123666
Volume 1 = Historical and conceptual foundations ; Volume 2 = Dispute settlement in the world ; Volume 3 = Administered protection ; Volume 4 = The Uruguay round and beyond.