What Direction Should The Dsu Take
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What Direction Should The Dsu Take
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Author : Thomas Alexander Zimmermann
language : en
Publisher:
Release Date : 2004
What Direction Should The Dsu Take written by Thomas Alexander Zimmermann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
Agreeing And Implementing The Doha Round Of The Wto
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Author : Harald Hohmann
language : en
Publisher: Cambridge University Press
Release Date : 2008-11-10
Agreeing And Implementing The Doha Round Of The Wto written by Harald Hohmann 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 2008-11-10 with Law categories.
The Doha Round is the first major trade negotiation round under the WTO since the failure of the Seattle Ministerial in 1999. The Doha discussions and results will have a large impact on the future of international trade law. Leading scholars and practitioners from three continents comment on four such areas in this book. Firstly, poverty eradication, capacity building, and special and differential treatment are required to change for WTO law to be accepted globally; this may lead to a reinterpretation of WTO law. Secondly, the major trade policy concerns, the global concept of competition, and the impacts of trade facilitation and of sustainability of trade liberalization are examined. The third topic is the improvement of the dispute settlement through, for example, a relaxation of tensions between the judicial and diplomatic models. Finally, possible solutions for the balance between free trade, environmental protection and human rights are explored.
Good Faith In The Jurisprudence Of The Wto
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Author : Marion Panizzon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-10-19
Good Faith In The Jurisprudence Of The Wto written by Marion Panizzon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-19 with Law categories.
What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements. Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused. The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.
The Wto Dispute Settlement System
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Author : Mavroidis, Petros C.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-07-15
The Wto Dispute Settlement System written by Mavroidis, Petros C. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-15 with Political Science categories.
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.
Wto Dispute Settlement Understanding
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Author : Guohua Yang
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Wto Dispute Settlement Understanding written by Guohua Yang and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
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.
New Reflections On International Trade
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Author : Jeremy Streatfeild
language : en
Publisher:
Release Date : 2008
New Reflections On International Trade written by Jeremy Streatfeild and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Agricultural extension work categories.
New Reflections on International Trade seeks to take a new and refreshing look at some of the issues affecting the multilateral trading system at the present time. Its editors, Jeremy Streatfeild and Simon Lacey, have both been actively involved in the field of international trade for a number of years, in both an academic as well as practical capacity, working first at the World Trade Institute in Berne, and then the Graduate Institute of International Studies in Geneva. They have both been active in advising developing countries with regard to WTO accession as well as the on-going Doha Round of multilateral trade negotiations. This volume brings together a vibrant combination of experienced and recognized commentators on the subject, such as Tim Josling (Stanford), Pierre Sauve (LSE) and Rakesh Bhala (the University of Kansas). But it also opens the way for younger talent to express their views on a whole range of important issues, such as Xialou Zhu (WTO Appellate Body Secretariat), Fernando Pierola (Advisory Center on WTO Law) and Manleen Dugal (the Commonwealth Secretariat). Other young and upcoming talent who has contributed to this book include Robson Fernandez (WTO Secretariat), Paolo Vergano (O?Connor & Company) and Laura Atlee (formerly Vermulst Verhaeghe & Graafsma and now of Steptoe and Johnson Brussels).
Negotiating The Review Of The Wto Dispute Settlement Understanding
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Author : Thomas Alexander Zimmermann
language : en
Publisher: Cameron May
Release Date : 2006
Negotiating The Review Of The Wto Dispute Settlement Understanding written by Thomas Alexander Zimmermann 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 Law categories.
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
Public Private Partnership For Wto Dispute Settlement
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Author : Amrita Bahri
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Public Private Partnership For Wto Dispute Settlement written by Amrita Bahri and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with BUSINESS & ECONOMICS categories.
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 Understanding And Development
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Author : Mervyn Martin
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-01-30
Wto Dispute Settlement Understanding And Development written by Mervyn Martin and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-30 with Law categories.
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.
A Handbook On The Wto Dispute Settlement System
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Author : World Trade Organization
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-14
A Handbook On The Wto Dispute Settlement System 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 2017-09-14 with Law categories.
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.