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Author: Peter S. Holmes
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
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Book Description
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.This paper - a product of Trade, Development Research Group - is part of a larger effort in the group to analyze the behavior of the WTO dispute settlement system so as to help developing countries more effectively integrate into the global trade environment.
Author: Peter Holmes
Publisher: World Bank Publications
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 36
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Book Description
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.
Author: Peter S. Holmes
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
Get Book Here
Book Description
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.This paper - a product of Trade, Development Research Group - is part of a larger effort in the group to analyze the behavior of the WTO dispute settlement system so as to help developing countries more effectively integrate into the global trade environment.
Author: Alberto do Amaral Júnior
Publisher: Springer
ISBN: 3030032639
Category : Law
Languages : en
Pages : 391
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Book Description
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.
Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 1108417272
Category : Business & Economics
Languages : en
Pages : 417
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Book Description
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author: Rufus Yerxa
Publisher: Cambridge University Press
ISBN: 9780521861595
Category : Law
Languages : en
Pages : 328
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Book Description
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.
Author: Abhijit Das
Publisher: Springer
ISBN: 9811005990
Category : Law
Languages : en
Pages : 264
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Book Description
This book focuses on India’s participation in the WTO dispute settlement system, at a time when India has emerged as one of the most successful and prominent users of WTO dispute settlement among the developing countries. It offers a unique collection of perspectives from insiders – legal practitioners, policymakers, industry representatives and academics – on India’s participation in the system since its creation in 1995. Presenting in-depth analyses of substantive issues, the book shares rare insights into the jurisprudential significance, political economy contexts and capacity-building challenges faced by India. It closely examines India’s approach in effectively participating in the WTO’s dispute settlement mechanism including the framing of litigation strategies, developing legal and stakeholder infrastructure, implementing dispute settlement decisions, and the impacts of the findings of the WTO panels / Appellate Body on domestic policymaking and India’s long-term trade interests. In addition to discussing the key “classic” jurisprudential issues, the book also explores domestic regulatory and policy issues, complemented by selected case studies.
Author: Robert Fraser
Publisher: World Scientific
ISBN: 1786347792
Category : Political Science
Languages : en
Pages : 210
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Book Description
'This well-written and highly readable book makes a major contribution to advancing our understanding of the contribution that economics can make to analysing the impact of international trade policies for environmental risks … Regardless of the likelihood that the current WTO dispute settlement procedures can be changed in the way suggested by the authors of this book, it is essential reading for those interested in the contribution that economics can make to advancing our understanding of the implications of international trade law for environmental issues.'Journal of Agricultural EconomicsWe live in a world that is increasingly dependent on international trade in a context of substantial regional/national political tensions. Adding to this is an emerging understanding and concern about the social impact of biosecurity and ecosystem services risks associated with such trade. As the key international trade 'arbiter', the World Trade Organization (WTO) has never before faced such complexity within its decision-making remit.With increasing numbers of bilateral and regional agreements, as well as new developments emerging such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) initiated by multi-national corporations in 2018, the WTO needs to implement ways of reinforcing its legitimacy and enhancing its relevance.This book provides an original analysis of these linked developments and delivers a timely contribution to resolving environment-related international trade disputes. It provides a clear roadmap for improving WTO trade dispute resolution procedures so both biosecurity and ecosystem services risks are considered in evaluating the social, economic and environmental impacts of international trade proposals. In so doing, the WTO should deliver enhanced multilateral social welfare.
Author: Cornelia Furculiță
Publisher:
ISBN: 9783030831196
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Category : Political Science
Languages : en
Pages : 368
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Book Description
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.
Author: Ernesto Hernandez Lopez
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Recent trends in World Trade Organization (WTO) disputes show non-state actors play an increasingly significant role in the resolution of disputes between WTO Members. First, the Appellate Body has interpreted the Right to Seek Information in Article XIII of the Dispute Settlement Understanding (DSU) as permitting non-state actors, particularly non-governmental organizations, to submit amicus curiae briefs in WTO disputes. Second, non-governmental legal counsel has played active roles in recent disputes. Third, private counsel to business interests have played an indirect role in dispute settlement, by assisting in formulation of legal strategy in WTO disputes. Because the WTO is reviewing the DSU before any new negotiation or reform of the dispute settlement mechanism occurs, the incorporation of non-state actors in WTO dispute settlement is a relevant concern. Similarly, the mass protests by movements representing civil society at Seattle in 1999 demonstrate non-state voices have an interest in WTO developments. Labor, human rights, and environmental groups expressed strong interest in participating in the WTO. There is a nexus between international trade and the objectives of private business and Non-Governmental Organizations (NGOs). This nexus has caused the WTO dispute resolution mechanism to incorporate the participation non-state actors. This essay answers the question: whether the WTO dispute resolution mechanism incorporates non-state actors? This essay first examines the interest non-state actors, business and NGOs, have in the WTO. Second, this essay analyzes the functions of WTO dispute Panels, the Appellate Body, and the Dispute Settlement Body, as decided in the DSU and recent WTO disputes. Third, there is an examination of the increasing role of private counsel in WTO dispute resolution. Fourth, this essay explores the important function of amicus curiae participation by NGOs in international courts. Amicus curiae briefs provide non-state actors a way to express their concerns regarding the resolution of WTO disputes. Fifth, there is an examination of how amicus curiae briefs have been used in WTO dispute proceedings. The content of these briefs points to new potential avenues for non-state actors in WTO disputes. Sixth, in conclusion this essay argues that amicus curiae briefs provide for valuable incorporation of non-state actors into the WTO dispute resolution mechanism.
