Wto Litigation

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Practical Aspects of WTO Litigation

Marco Tulio Molina Tejeda
Practical Aspects of WTO Litigation Book PDF

Author : Marco Tulio Molina Tejeda
Publisher : Kluwer Law International B.V.
Page : 661 pages
File Size : 45,9 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.

Practical Aspects of WTO Litigation

Marco Tulio Molina Tejeda
Practical Aspects of WTO Litigation Book PDF

Author : Marco Tulio Molina Tejeda
Publisher : Unknown
Page : 448 pages
File Size : 52,7 Mb
Release : 2020-07-08
Category : Electronic
ISBN : 9041185968

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Practical Aspects of WTO Litigation by Marco Tulio Molina Tejeda Pdf

Practical Aspects of WTO Litigation' is a complete, real-life account of World Trade Organization?s (WTO?s) dispute settlement procedures. This book explains and identifies the practices that are normally followed by disputing parties when using the WTO?s 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 is the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has hands-on experience in WTO litigation. Contributors identify the best practices and suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view.

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 : 53,9 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.

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 : 41,5 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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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 : 40,8 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.

Trade Disputes and the Dispute Settlement Understanding of the WTO

James C. Hartigan
Trade Disputes and the Dispute Settlement Understanding of the WTO Book PDF

Author : James C. Hartigan
Publisher : Emerald Group Publishing
Page : 510 pages
File Size : 51,9 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.

Canada at the WTO

Marc D. Froese
Canada at the WTO Book PDF

Author : Marc D. Froese
Publisher : University of Toronto Press
Page : 195 pages
File Size : 46,5 Mb
Release : 2010-01-01
Category : History
ISBN : 9781442601383

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Canada at the WTO by Marc D. Froese Pdf

"A clear, concise, and compelling account of Canada's role in the governance of international trade." - Stephen McBride, Centre for Global Political Economy, Simon Fraser University

WTO Litigation, Investment Arbitration, and Commercial Arbitration

Jorge A. Huerta-Goldman,Antoine Romanetti
WTO Litigation Investment Arbitration and Commercial Arbitration Book PDF

Author : Jorge A. Huerta-Goldman,Antoine Romanetti
Publisher : Kluwer Law International B.V.
Page : 472 pages
File Size : 40,5 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.

Reform and Development of the WTO Dispute Settlement System

Dencho Georgiev,Kim van der Borght
Reform and Development of the WTO Dispute Settlement System Book PDF

Author : Dencho Georgiev,Kim van der Borght
Publisher : Cameron May
Page : 488 pages
File Size : 55,6 Mb
Release : 2006
Category : Arbitration and award, International
ISBN : 9781905017249

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Reform and Development of the WTO Dispute Settlement System by Dencho Georgiev,Kim van der Borght Pdf

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.

The WTO Dispute Settlement Procedures

WTO Secretariat
The WTO Dispute Settlement Procedures Book PDF

Author : WTO Secretariat
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,6 Mb
Release : 2012-08-02
Category : Law
ISBN : 9781139561235

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The WTO Dispute Settlement Procedures by WTO Secretariat Pdf

The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts, decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted, including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work, which includes cross-references and a subject index, will prove invaluable to anyone working in WTO dispute settlement, including lawyers, civil servants working in the field of trade, economists, academics and students. This edition has been fully updated to take account of revised rules and procedures.

Is the WTO dispute settlement procedure fair to developing countries?

Metivier, Jeanne,Bouët, Antoine
Is the WTO dispute settlement procedure fair to developing countries Book PDF

Author : Metivier, Jeanne,Bouët, Antoine
Publisher : Intl Food Policy Res Inst
Page : 58 pages
File Size : 49,5 Mb
Release : 2017-06-16
Category : Political Science
ISBN : 8210379456XXX

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Is the WTO dispute settlement procedure fair to developing countries? by Metivier, Jeanne,Bouët, Antoine Pdf

Since the inception of the World Trade Organization (WTO) in 1995, member countries have been heavily relying on the organization's dispute settlement procedure (DSP). Exploiting a new database on WTO litigations between 1995 and 2014, this paper describes disputes initiated over this period and identifies potential sources of bias concerning the participation of developing countries. The analysis builds on three different models to determine country i's probability of initiating a dispute against country j. Either it depends only on the two countries' structure of trade, that is the number of products exported by i to j (a situation we refer to as the rules-based model), or it is also affected by country i's or country j's specific characteristics (the unilateral power-based model), or it is also affected by bilateral economic and trade relations between countries i and j (the bilateral power-based model). We find that country i's structure of trade with j plays an important role in explaining the probability that i initiates a dispute against j under the DSP. Furthermore, country i's legal capacity and both countries' political regimes also affect this probability. However, we do not find that bilateral relationships between i and j, such as participants' capacity to retaliate against each others have an impact on dispute initiation.

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 : 40,8 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.

WTO - Institutions and Dispute Settlement

Rüdiger Wolfrum,Peter-Tobias Stoll,Karen Kaiser
WTO Institutions and Dispute Settlement Book PDF

Author : Rüdiger Wolfrum,Peter-Tobias Stoll,Karen Kaiser
Publisher : BRILL
Page : 704 pages
File Size : 45,9 Mb
Release : 2006-05-29
Category : Business & Economics
ISBN : 9789047418184

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WTO - Institutions and Dispute Settlement by Rüdiger Wolfrum,Peter-Tobias Stoll,Karen Kaiser Pdf

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.

Legal Principles in WTO Disputes

Andrew D. Mitchell
Legal Principles in WTO Disputes Book PDF

Author : Andrew D. Mitchell
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2008-12-11
Category : Law
ISBN : 113947426X

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Legal Principles in WTO Disputes by Andrew D. Mitchell Pdf

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

The WTO Dispute Settlement Procedures

World Trade Organization
The WTO Dispute Settlement Procedures Book PDF

Author : World Trade Organization
Publisher : Cambridge University Press
Page : 162 pages
File Size : 53,9 Mb
Release : 2001-03-22
Category : Law
ISBN : 0521010772

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The WTO Dispute Settlement Procedures by World Trade Organization Pdf

Practitioners will be familiar with the first edition of this classic book which was first published by the WTO in 1995. This new edition, co-published with Cambridge, takes into account legal decisions and other legal instruments adopted since 1995. New material has been added, including the 'Working Procedures for Appellate Review', and the 'Rules of Conduct for the DSU'. In the second edition the provisions on consultation and on dispute settlement in each of the Multilateral Trade Agreements covered by the DSU are now collected together. Older, less relevant material has been removed. The internal text design is somewhat altered too, and cross references between the texts have been extended. Key words within the index have been augmented to reflect the extended coverage. This is the procedural bible for practitioners, academics, students, and all who need to interact with the dispute settlement procedures of the WTO Panels and Appellate Body.