Wto Dispute Settlement At Twenty

Author : Abhijit Das,James J. Nedumpara
Publisher : Springer
Page : 255 pages
File Size : 40,8 Mb
Release : 2016-04-08
Category : Law
ISBN : 9789811005992

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WTO Dispute Settlement at Twenty by Abhijit Das,James J. Nedumpara Pdf

This book focuses on India’s participation in the WTO dispute settlement system, at a time when India has emerged as one of the most successful and prominent users of WTO dispute settlement among the developing countries. It offers a unique collection of perspectives from insiders – legal practitioners, policymakers, industry representatives and academics – on India’s participation in the system since its creation in 1995. Presenting in-depth analyses of substantive issues, the book shares rare insights into the jurisprudential significance, political economy contexts and capacity-building challenges faced by India. It closely examines India’s approach in effectively participating in the WTO’s dispute settlement mechanism including the framing of litigation strategies, developing legal and stakeholder infrastructure, implementing dispute settlement decisions, and the impacts of the findings of the WTO panels / Appellate Body on domestic policymaking and India’s long-term trade interests. In addition to discussing the key “classic” jurisprudential issues, the book also explores domestic regulatory and policy issues, complemented by selected case studies.

Author : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 55,5 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 : Yasuhei Taniguchi,Alan Yanovich,Jan Bohanes
Publisher : Cambridge University Press
Page : 59 pages
File Size : 54,5 Mb
Release : 2007-02-08
Category : Law
ISBN : 9781139463249

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The WTO in the Twenty-first Century by Yasuhei Taniguchi,Alan Yanovich,Jan Bohanes Pdf

Three significant issues will determine the future of the WTO: dispute settlement, negotiations and regional integration. Dispute settlement is widely regarded as one of the major successes of the WTO in its first ten years. Concluding the Doha round negotiations is one of its main challenges. Regional integration is now at the frontline of debate as regional agreements proliferate and policy-makers and academics come to grips with their impacts on the multilateral trading system. These issues, and the interplay between them, are examined by leading scholars and practitioners in the field of international trade law from North America, Europe and Asia-Pacific. In addition, special sections focus on the Asia-Pacific region, its participation in WTO dispute settlement and negotiations, and recent trends towards greater regional integration.

Author : Marco Tulio Molina Tejeda
Publisher : Kluwer Law International B.V.
Page : 661 pages
File Size : 55,6 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 : Federico Ortino,Ernst-Ulrich Petersmann
Publisher : Kluwer Law International B.V.
Page : 632 pages
File Size : 42,9 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.

Author : Yasuhei Taniguchi,Alan Yanovich,Jan Bohanes
Publisher : Unknown
Page : 567 pages
File Size : 44,9 Mb
Release : 2014-05-14
Category : BUSINESS & ECONOMICS
ISBN : 1139206249

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The Wto in the Twenty-First Century by Yasuhei Taniguchi,Alan Yanovich,Jan Bohanes Pdf

Three significant issues will determine the future of the WTO: dispute settlement, negotiations and regional integration. Dispute settlement is widely regarded as one of the major successes of the WTO in its first ten years. Concluding the Doha round negotiations is one of its main challenges. Regional integration is now at the frontline of debate as regional agreements proliferate and policy-makers and academics come to grips with their impacts on the multilateral trading system. These issues, and the interplay between them, are examined by leading scholars and practitioners in the field of international trade law from North America, Europe and Asia-Pacific. In addition, special sections focus on the Asia-Pacific region, its participation in WTO dispute settlement and negotiations, and recent trends towards greater regional integration.

Author : Jacques H. J. Bourgeois,Marco Bronckers,Reinhard Quick
Publisher : Cahiers du Collège d¿Europe / College of Europe Studies
Page : 0 pages
File Size : 43,8 Mb
Release : 2017
Category : Arbitration (International law)
ISBN : 2807602878

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WTO Dispute Settlement by Jacques H. J. Bourgeois,Marco Bronckers,Reinhard Quick Pdf

This book provides an in-depth analysis of key issues arising after more than 20 years of experience with WTO dispute settlement. Comparisons are also made with respect to investment arbitration, which has attracted much attention in recent years. The bottom-line question: is WTO dispute settlement on the right track or not?

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 40,9 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.

Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
Page : 498 pages
File Size : 44,6 Mb
Release : 2009-12-15
Category : Political Science
ISBN : 1554581745

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Redesigning the World Trade Organization for the Twenty-first Century by Debra P. Steger Pdf

Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation

Author : Giorgio Sacerdoti,Alan Yanovich,Jan Bohanes
Publisher : Cambridge University Press
Page : 44 pages
File Size : 52,5 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

Publisher Description

Author : World Trade Organization
Publisher : Unknown
Page : 88 pages
File Size : 46,9 Mb
Release : 2015
Category : Business & Economics
ISBN : UIUC:30112119213988

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The WTO at Twenty by World Trade Organization Pdf

This research explores how multilateralism in trade has worked over the past twenty years - and provides some lessons about how it can work in the future. It describes the WTO's achievements across a number of key areas, including: strengthening the institutional foundations of the trade system; widening its membership and increasing participation; deepening trade integration through lower barriers and stronger rules; improving transparency and policy dialogue; strengthening dispute settlement; expanding cooperation with other international organizations; and enhancing public outreach. It concludes that the WTO has achieved much over its first twenty years but the success of the WTO has inevitably given rise to new challenges.

Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
Page : 498 pages
File Size : 43,7 Mb
Release : 2010-05-06
Category : Political Science
ISBN : 9781554587957

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Redesigning the World Trade Organization for the Twenty-first Century by Debra P. Steger Pdf

Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation

Author : United States. Congress. Senate. Committee on Finance. Subcommittee on International Trade
Publisher : Unknown
Page : 94 pages
File Size : 50,5 Mb
Release : 2000
Category : Arbitration agreements, Commercial
ISBN : STANFORD:36105062817304

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Dispute Settlements in the WTO by United States. Congress. Senate. Committee on Finance. Subcommittee on International Trade Pdf

Author : James C. Hartigan
Publisher : Emerald Group Publishing
Page : 510 pages
File Size : 45,6 Mb
Release : 2009-02-01
Category : Political Science
ISBN : 9781848552067

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Trade Disputes and the Dispute Settlement Understanding of the WTO by James C. Hartigan Pdf

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 : World Trade Organization
Publisher : Cambridge University Press
Page : 451 pages
File Size : 42,6 Mb
Release : 2010-05-13
Category : Law
ISBN : 9780521763790

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Dispute Settlement Reports 2008: Volume 20, Pages 8221-8666 by World Trade Organization Pdf

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2008.