Is The Wto Dispute Settlement Procedure Fair To Developing Countries
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Is The Wto Dispute Settlement Procedure Fair To Developing Countries
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Author : Metivier, Jeanne
language : en
Publisher: Intl Food Policy Res Inst
Release Date : 2017-06-16
Is The Wto Dispute Settlement Procedure Fair To Developing Countries written by Metivier, Jeanne and has been published by Intl Food Policy Res Inst this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-16 with Political Science categories.
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.
Critical Appraisal Of The Dispute Settlement Procedure Under The World Trade Organisation
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Author : Alli Hendriks
language : en
Publisher: GRIN Verlag
Release Date : 2016-12-30
Critical Appraisal Of The Dispute Settlement Procedure Under The World Trade Organisation written by Alli Hendriks and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-30 with Law categories.
Essay from the year 2016 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, Macquarie University, course: Law, language: English, abstract: The Dispute Settlement Procedure (DSP) embodied in the Dispute Settlement Understanding (DSU) of the World Trade Organisation (WTO) is a highly effective mechanism to ensure disputes are resolved in a reasonable period of time. However, it does not satisfactorily address the needs of developing countries to access the DSP. This could be reformed through financial and legal assistance for these countries. In addition, a more substantiated non-compliance clause could assist the timely resolution of disputes so as to not disrupt the free flow of international trade in goods and services, a key objective of the WTO system.
Reform And Development Of The Wto Dispute Settlement System
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Author : Dencho Georgiev
language : en
Publisher: Cameron May
Release Date : 2006
Reform And Development Of The Wto Dispute Settlement System written by Dencho Georgiev and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arbitration and award, International categories.
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 Mechanism
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Author : Alberto do Amaral Júnior
language : en
Publisher: Springer
Release Date : 2019-04-09
The Wto Dispute Settlement Mechanism written by Alberto do Amaral Júnior and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-09 with Law categories.
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.
Development And The Rule Of Law In The Wto
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Author : Intan Murnira Ramli
language : en
Publisher:
Release Date : 2008
Development And The Rule Of Law In The Wto written by Intan Murnira Ramli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration and award, International categories.
International economic law has been evolving toward an unprecedented degree of institutionalism and supranational legal authority, expressed through the availability of legalistic and more coercive mechanisms to develop international legal obligations enforceable upon states. This book will explore the transparency of the Dispute Settlement Mechanism (DSM) within the World Trade Organization (WTO), the level of participation of the WTO members, especially those of the developing and the least-developed countries, and the attitude of the DSM in relation to the issue of development.
Trade Disputes And The Dispute Settlement Understanding Of The Wto
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Author : James C. Hartigan
language : en
Publisher: Emerald Group Publishing
Release Date : 2009-02-01
Trade Disputes And The Dispute Settlement Understanding Of The Wto written by James C. Hartigan and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-01 with Political Science categories.
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.
Developing Countries And Enforcement Of Trade Agreements
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Author : Chad P. Bown
language : en
Publisher: World Bank Publications
Release Date : 2007
Developing Countries And Enforcement Of Trade Agreements written by Chad P. Bown and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Commercial treaties categories.
Abstract: Poor countries are rarely challenged in formal World Trade Organization trade disputes for failing to live up to commitments, reducing the benefits of their participation in international trade agreements. This paper examines the political-economic causes of the failure to challenge poor countries, and discusses the static and dynamic costs and externality implications of this failure. Given the weak incentives to enforce World Trade Organization rules and disciplines against small and poor members, bolstering the transparency function of the World Trade Organization is important for making trade agreements more relevant to trade constituencies in developing countries. Although the paper focuses on the World Trade Organization system, the arguments also apply to reciprocal North-South trade agreements.
Dispute Settlement In The World Trade Organization
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Author : David Palmeter
language : en
Publisher: Cambridge University Press
Release Date : 2004-04
Dispute Settlement In The World Trade Organization written by David Palmeter and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04 with Business & Economics categories.
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 Procedures
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Author : World Trade Organization Secretariat
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-02
The Wto Dispute Settlement Procedures written by World Trade Organization Secretariat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-02 with Law categories.
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.
The Wto Dispute Settlement Procedures
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Author : World Trade Organization
language : en
Publisher: Cambridge University Press
Release Date : 2001-03-22
The Wto Dispute Settlement Procedures written by World Trade Organization and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-22 with Law categories.
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.