Negotiating the Review of the WTO Dispute Settlement Understanding

Negotiating the Review of the WTO Dispute Settlement Understanding
Author :
Publisher : Cameron May
Total Pages : 321
Release :
ISBN-10 : 9781905017171
ISBN-13 : 1905017170
Rating : 4/5 (71 Downloads)

Synopsis Negotiating the Review of the WTO Dispute Settlement Understanding by : Thomas Alexander Zimmermann

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

WTO Dispute Settlement Understanding and Development

WTO Dispute Settlement Understanding and Development
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 361
Release :
ISBN-10 : 9789004227811
ISBN-13 : 9004227814
Rating : 4/5 (11 Downloads)

Synopsis WTO Dispute Settlement Understanding and Development by : Mervyn Martin

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.

WTO Dispute Settlement Understanding

WTO Dispute Settlement Understanding
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 610
Release :
ISBN-10 : 9789041123619
ISBN-13 : 904112361X
Rating : 4/5 (19 Downloads)

Synopsis WTO Dispute Settlement Understanding by : Guohua Yang

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.

A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System
Author :
Publisher : Cambridge University Press
Total Pages : 417
Release :
ISBN-10 : 9781108417273
ISBN-13 : 1108417272
Rating : 4/5 (73 Downloads)

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

This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.

Reform and Development of the WTO Dispute Settlement System

Reform and Development of the WTO Dispute Settlement System
Author :
Publisher : Cameron May
Total Pages : 488
Release :
ISBN-10 : 9781905017249
ISBN-13 : 1905017243
Rating : 4/5 (49 Downloads)

Synopsis Reform and Development of the WTO Dispute Settlement System by : Dencho Georgiev

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.

Trade Disputes and the Dispute Settlement Understanding of the WTO

Trade Disputes and the Dispute Settlement Understanding of the WTO
Author :
Publisher : Emerald Group Publishing
Total Pages : 510
Release :
ISBN-10 : 9781848552067
ISBN-13 : 1848552068
Rating : 4/5 (67 Downloads)

Synopsis Trade Disputes and the Dispute Settlement Understanding of the WTO by : James C. Hartigan

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.

What Direction Should the DSU Take?

What Direction Should the DSU Take?
Author :
Publisher :
Total Pages : 323
Release :
ISBN-10 : 3033002293
ISBN-13 : 9783033002296
Rating : 4/5 (93 Downloads)

Synopsis What Direction Should the DSU Take? by : Thomas Alexander Zimmermann

WTO - Institutions and Dispute Settlement

WTO - Institutions and Dispute Settlement
Author :
Publisher : BRILL
Total Pages : 704
Release :
ISBN-10 : 9789047418184
ISBN-13 : 9047418182
Rating : 4/5 (84 Downloads)

Synopsis WTO - Institutions and Dispute Settlement by : Rüdiger Wolfrum

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).

The WTO Dispute Settlement System

The WTO Dispute Settlement System
Author :
Publisher : Edward Elgar Publishing
Total Pages : 640
Release :
ISBN-10 : 9781803921747
ISBN-13 : 1803921749
Rating : 4/5 (47 Downloads)

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

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.