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The Wto Dispute Settlement System 1995 2003
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Book Synopsis The WTO Dispute Settlement System, 1995-2003 by : Federico Ortino
Download or read book The WTO Dispute Settlement System, 1995-2003 written by Federico Ortino and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis WTO Dispute Settlement System by : John Howard Jackson
Download or read book WTO Dispute Settlement System written by John Howard Jackson and published by . This book was released on 1998 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2004-06-17 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO dispute settlement system plays an important role in clarifying and enforcing the legal obligations contained in the WTO Agreement. It has gained a strong practical relevance as more than 300 disputes have been brought from 1 January 1995 through October 2003. While dispute settlement is certainly not the only activity taking place within the WTO, it has become an important part of the practical reality of the Organization. WTO dispute settlement has also become an important tool in the management by WTO Members of their international economic relations at large. The objective of this handbook is to give the reader a good understanding of the practical operation of this system. Working through this guide, the reader will be introduced to all elements of the dispute settlement process, from the initiation of a case through to the implementation of the decision.
Book Synopsis The Gatt/Wto Dispute Settlement System by : Ernst-Ulrich Petersmann
Download or read book The Gatt/Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and published by Martinus Nijhoff Publishers. This book was released on 1997-02-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
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.
Book Synopsis Reform and Development of the WTO Dispute Settlement System by : Dencho Georgiev
Download or read book Reform and Development of the WTO Dispute Settlement System written by Dencho Georgiev and published by Cameron May. This book was released on 2006 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The WTO Dispute Settlement System by :
Download or read book The WTO Dispute Settlement System written by and published by Information Gatekeepers Inc. This book was released on 1998 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Adjudication on Trial by : Sivan Shlomo Agon
Download or read book International Adjudication on Trial written by Sivan Shlomo Agon and published by Oxford University Press. This book was released on 2019-09-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, are the WTO DSS expected to achieve? Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.
Book Synopsis Dispute Settlement in the World Trade Organization by : David Palmeter
Download or read book Dispute Settlement in the World Trade Organization written by David Palmeter and published by Cambridge University Press. This book was released on 2004-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis WTO - Institutions and Dispute Settlement by : Rüdiger Wolfrum
Download or read book WTO - Institutions and Dispute Settlement written by Rüdiger Wolfrum and published by BRILL. This book was released on 2006-05-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of the greatest achievements of the Uruguay Round were the establishment of the World Trade Organization (WTO) as – compared to the GATT – a fully-fledged international organization and the creation of a new, uniform and binding dispute settlement system. While the failure of the Ministerial Conferences in Seattle and Cancún revealed the first cracks in the institutional structure of the WTO, the operation of the new dispute settlement system has so far been a remarkable success. 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, Articles XXII, XXIII, and XXIV GATT 1994, the Dispute Settlement Understanding, the Trade Review Policy Mechanism, the Understanding in Respect of Waivers of Obligations under the GATT 1994 and the Understanding on the Interpretation of Article XXIV GATT 1994. Written by a team of distinguished scholars and practitioners, the volume is an indispensable work of reference for all those interested in the WTO institutional fundamentals and the dispute settlement system (international lawyers, scholars and students of WTO law, diplomats and international civil servants, members of NGOs).
Book Synopsis Treaty Interpretation by the WTO Appellate Body by : Isabelle Van Damme
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Book Synopsis A Handbook on the WTO Dispute Settlement System by : World Trade Organization Secretariat
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization Secretariat 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: 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.
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.
Book Synopsis The United States and the WTO Dispute Settlement System by : Robert Z. Lawrence
Download or read book The United States and the WTO Dispute Settlement System written by Robert Z. Lawrence and published by Council on Foreign Relations Press. This book was released on 2007 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Doha negotiations have stalled since last summer, and, as the November elections in the United States highlighted, American advocates of economic nationalism are growing in strength. Nevertheless, Robert Lawrence makes a case for the effectiveness of the World Trade Organization (WTO), particularly its dispute settlement system, and the benefits that would accrue to the United States and others from improving its effectiveness. These benefits include expanding world trade and increasing support for an often beleaguered organization that is central to the conduct of world trade.In this Council Special Report, Professor Lawrence addresses the critics of the dispute settlement mechanism —both those who think it should be tougher on countries that violate trade rules and those who think it is already so tough as to violate sovereignty. He points out the successes of the WTO since its creation in 1995 and argues that radical changes to the system are ill-advised. Lawrence nonetheless suggests several areas for reform, from steps that require multilateral negotiations, such as improving opportunities for nonstate actor participation in and enhancing transparency of the process, to changes the United States could make in its own behavior.
Book Synopsis The WTO Dispute Settlement System by : Kati Kulovesi
Download or read book The WTO Dispute Settlement System written by Kati Kulovesi and published by Kluwer Law International B.V.. This book was released on 2011-09-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called "linkage" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.
Book Synopsis Public Private Partnership for WTO Dispute Settlement by : Amrita Bahri
Download or read book Public Private Partnership for WTO Dispute Settlement written by Amrita Bahri and published by Edward Elgar Publishing. This book was released on 2018 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
