Emerging Trends In Wto Dispute Settlement

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Emerging Trends in WTO Dispute Settlement

Author : Peter Holmes
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4./5 ( download)

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Book Synopsis Emerging Trends in WTO Dispute Settlement by : Peter Holmes

Download or read book Emerging Trends in WTO Dispute Settlement written by Peter Holmes and published by World Bank Publications. This book was released on 2003 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the number of cases in the World Trade Organization (WTO) dispute settlement system has increased, there has been a greater effort by the academic community to analyze the data for emerging trends. Holmes Rollo, and Young seek to develop this literature using data up to the end of 2002 to ask whether recent trends confirm previously identified patterns and to examine whether there are divergences from the overall pattern according to the type of dispute. They focus on three questions in particular: What explains which countries are most involved in complaints under the dispute settlement understanding? Is there a discernible pattern to which countries win? Is there a difference to these patterns depending on the type of measure at the heart of the complaint? The authors find that: A country's trade share is a pretty robust indicator of its likelihood to be either a complainant or a respondent. The frequently remarked absence of the least developed countries from the dispute settlement system can be explained by their low volume of trade. There is not much, if any, evidence of a bias against developing countries either as complainants or respondents. Regulatory issues are fading as reasons for disputes and trade defense disputes are the rising issue. Complainants overwhelmingly win (88 percent of cases). There is no strong evidence that the rate of completion of cases is biased against newly industrializing countries or traditional less developed countries.

A Handbook on the WTO Dispute Settlement System

Author : World Trade Organization
Publisher : Cambridge University Press
ISBN 13 : 1108417272
Total Pages : 417 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Handbook on the WTO Dispute Settlement System by : World Trade Organization

Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

Author : Cornelia Furculiță
Publisher : Springer Nature
ISBN 13 : 3030831183
Total Pages : 371 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The WTO and the New Generation EU FTA Dispute Settlement Mechanisms by : Cornelia Furculiță

Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by Springer Nature. This book was released on 2021-09-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

Key Issues in WTO Dispute Settlement

Author : Rufus Yerxa
Publisher : Cambridge University Press
ISBN 13 : 9780521861595
Total Pages : 328 pages
Book Rating : 4.8/5 (615 download)

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Book Synopsis Key Issues in WTO Dispute Settlement by : Rufus Yerxa

Download or read book Key Issues in WTO Dispute Settlement written by Rufus Yerxa and published by Cambridge University Press. This book was released on 2005-10-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The WTO Dispute Settlement System

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
ISBN 13 : 1803921749
Total Pages : 640 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The WTO Dispute Settlement System by : Mavroidis, Petros C.

Download or read book The WTO Dispute Settlement System written by Mavroidis, Petros C. and published by Edward Elgar Publishing. This book was released on 2022-07-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Dispute Settlement Mechanism

Author : Alberto do Amaral Júnior
Publisher : Springer
ISBN 13 : 3030032639
Total Pages : 391 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The WTO Dispute Settlement Mechanism by : Alberto do Amaral Júnior

Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

WTO Dispute Settlement Understanding and Development

Author : Mervyn Martin
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004227814
Total Pages : 361 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis WTO Dispute Settlement Understanding and Development by : Mervyn Martin

Download or read book WTO Dispute Settlement Understanding and Development written by Mervyn Martin and published by Martinus Nijhoff Publishers. This book was released on 2013-01-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Standards of Review in WTO Dispute Resolution

Author : Matthias Oesch
Publisher : Oxford University Press, USA
ISBN 13 : 9780199268924
Total Pages : 306 pages
Book Rating : 4.2/5 (689 download)

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Book Synopsis Standards of Review in WTO Dispute Resolution by : Matthias Oesch

Download or read book Standards of Review in WTO Dispute Resolution written by Matthias Oesch and published by Oxford University Press, USA. This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.

Assessing the World Trade Organization

Author : Manfred Elsig
Publisher : Cambridge University Press
ISBN 13 : 1108148409
Total Pages : 469 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Assessing the World Trade Organization by : Manfred Elsig

Download or read book Assessing the World Trade Organization written by Manfred Elsig and published by Cambridge University Press. This book was released on 2017-04-27 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its negotiation machinery goes through a phase of prolonged crises. Assessing the World Trade Organization overcomes this myopic view and takes stock of the WTO's achievements whilst going beyond existing disciplinary narratives. With chapters written by scholars who have closely observed the development of the WTO in recent years, this book presents the state of the art in thinking about WTO performance. It also considers important issues such as the origins of the multilateral system, the accession process and the WTO's interaction with other international organisations. The contributions shed new light on untold stories, critically review and present existing scholarship, and sketch new research avenues for a future generation of trade scholars. This book will appeal to a wide audience that aims to better understand the drivers and obstacles of WTO performance.

The World Trade Organization

Author : Mitsuo Matsushita
Publisher : Oxford University Press
ISBN 13 : 0199571856
Total Pages : 942 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The World Trade Organization by : Mitsuo Matsushita

Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.

The WTO at Ten

Author : Giorgio Sacerdoti
Publisher : Cambridge University Press
ISBN 13 : 0521863147
Total Pages : 44 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The WTO at Ten by : Giorgio Sacerdoti

Download or read book The WTO at Ten written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2006-07-06 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Reclaiming Development in the World Trading System

Author : Yong-Shik Lee
Publisher : Cambridge University Press
ISBN 13 : 1107098939
Total Pages : 519 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Reclaiming Development in the World Trading System by : Yong-Shik Lee

Download or read book Reclaiming Development in the World Trading System written by Yong-Shik Lee and published by Cambridge University Press. This book was released on 2016-10-20 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.

Sustainable Development in World Trade Law

Author : Markus W. Gehring
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123660
Total Pages : 778 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Trade Law by : Markus W. Gehring

Download or read book Sustainable Development in World Trade Law written by Markus W. Gehring and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.

National Treatment and WTO Dispute Settlement

Author : Gaetan Verhoosel
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311261
Total Pages : 136 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis National Treatment and WTO Dispute Settlement by : Gaetan Verhoosel

Download or read book National Treatment and WTO Dispute Settlement written by Gaetan Verhoosel and published by Bloomsbury Publishing. This book was released on 2002-04-08 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The perceived impact of WTO law on the domestic regulatory autonomy of WTO Members is increasingly becoming the subject of controversy and debate. This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders,and examines how WTO adjudicators, i.e. panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judicial solutions and their potential consequences for Members' regulatory autonomy. In an attempt to identify a more proper balance between WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguments from legal, logic and economic theory.

A History of Law and Lawyers in the GATT/WTO

Author : Gabrielle Marceau
Publisher : Cambridge University Press
ISBN 13 : 1316299996
Total Pages : 689 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis A History of Law and Lawyers in the GATT/WTO by : Gabrielle Marceau

Download or read book A History of Law and Lawyers in the GATT/WTO written by Gabrielle Marceau and published by Cambridge University Press. This book was released on 2015-05-21 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.

International Dispute Settlement: Room for Innovations?

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
ISBN 13 : 3642349676
Total Pages : 443 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis International Dispute Settlement: Room for Innovations? by : Rüdiger Wolfrum

Download or read book International Dispute Settlement: Room for Innovations? written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2012-12-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

Treaty Interpretation by the WTO Appellate Body

Author :
Publisher :
ISBN 13 : 9780191705588
Total Pages : 486 pages
Book Rating : 4.7/5 (55 download)

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Book Synopsis Treaty Interpretation by the WTO Appellate Body by :

Download or read book Treaty Interpretation by the WTO Appellate Body written by and published by . This book was released on 2009 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.