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Author: Amrita Bahri
Publisher: Edward Elgar Publishing
ISBN: 178643749X
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
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).
Author: Amrita Bahri
Publisher: Edward Elgar Publishing
ISBN: 178643749X
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
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).
Author: Zvi Daniel Altman
Publisher: IBFD
ISBN: 9076078947
Category : Arbitration and award, International
Languages : en
Pages : 498
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Book Description
As the interrelationship among tax bases continues to parallel the rapid development of the global economy, disputes among governments as to their right to tax international trade and investments under income tax treaties are expected to increase in number and scope. This study takes an in-depth look at the mechanisms used to resolve such disputes and how they interact with the interests of the various parties involved in the process. The study presents an analysis of the available literature, supplemented by statistical data from North America, Europe and Asia. Analysis of this data leads to interesting insights into the way the dispute resolution process functions when it is applied in different contexts. A comprehensive common framework of analysis, based on a checklist for governments, international organizations and taxpayers, is also developed in the study. This framework lists the main advantages and disadvantages of treaty-related international income tax dispute resolution procedures. The checklist is formulated with the aim to assist readers informing policies and in arguing positions, taking into account the subjective value given by each reader to each listed item. The study concludes by suggesting the creation of a new mechanism for the resolution of tax treaty-related disputes, and advocates, in part, the establishment of a new international organization with links to domestic judicial networks. This mechanism is then subjected to the same common framework analysis and checklist used in earlier parts of the study. The analysis suggests how such a mechanism would mitigate some of the most formidable challenges associated with the current dispute resolution procedures.
Author: Jayashree Watal
Publisher:
ISBN: 9789287042330
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 0
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Book Description
A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.
Author: Mervyn Martin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227806
Category : Law
Languages : en
Pages : 362
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Book Description
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.
Author: Rachna Matabudul
Publisher: Kluwer Law International B.V.
ISBN: 9403534176
Category : Law
Languages : en
Pages : 256
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Book Description
Stakeholders in the international taxation community agree that existing dispute resolution processes are in serious need of improvement, and a global consensus must be achieved. This book offers a potential restructuring of the tax treaty dispute resolution system based on a comparative analysis of the dispute resolution mechanisms under tax treaties, as prescribed in the OECD and UN models, on the one hand, and the UN Law of the Sea Convention (LOSC) on the other. This comparative study is the first of its kind and is premised on certain key geopolitical similarities that underpin the international tax regime (ITR) and the law of the sea regime while taking into consideration the differences in the institutional context of both regimes. The author proposes a new tax treaty dispute resolution system based on the LOSC system for resolving multilateral tax disputes, focusing on the following: mapping of the institutional arrangements that make up the dispute resolution mechanisms to understand how each system works; comparative analysis of the patterns of interaction and outcomes generated across the two dispute resolution systems to identify relevant aspects of the LOSC system that may be adapted in the ITR to improve tax treaty dispute resolution; and analysis of the inclusivity levels across the decision-making structures under each system to identify specific consensus-building techniques that may facilitate the implementation of the new proposed tax treaty dispute resolution system and also enhance international cooperation across the ITR. The proposed restructuring of the tax treaty dispute resolution system expands the existing mutual agreement procedure and forms a comprehensive legal framework that aims to achieve a more effective, predictable and equitable resolution of multilateral tax disputes in the 21st-century ITR by striking a balance between countries’ right to tax sovereignty and the rule of law. Just as the design of the dispute resolution system under the LOSC paved the way for universal consensus of the Convention among almost 160 countries, the author’s new tax treaty dispute resolution system also offers a solid foundation for consensus-building towards a universal treaty in the ITR. Everyone concerned with international tax dispute resolution – whether policymaker, in-house counsel, national tax authority official, judge, tax lawyer or academic – will find the truly valuable analysis here, not elsewhere.
Author: Joachim Becker
Publisher: Routledge
ISBN: 1351148508
Category : Business & Economics
Languages : en
Pages : 285
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Book Description
Since the 1970s global rule-making with respect to international trade has increased in importance. Political and academic attention has been focused either on global institutions like the IMF, the World Bank, the WTO and UN organisations, or on regional blocs like the EU or NAFTA. As negotiations take place in different international arenas, these arenas themselves take on added strategic significance, with agendas pursued and switched from one arena to another, should one route be blocked. While dominant actors have sought to use arena switching to their advantage, subordinate actors have begun to reactivate alternative arenas of negotiation in order to pursue their different agendas. This book employs a multi-level and multi-arena perspective to analyze global rule-making in international trade. It explains why actors - both state and non-state actors - prefer particular arenas. It also addresses the question of which institutional designs serve the aims of specific groups best and how the rules of the different arenas are related.
Author: Junji Nakagawa
Publisher: Routledge
ISBN: 0429825854
Category : Business & Economics
Languages : en
Pages : 228
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Book Description
With changes to the international investment law landscape and Asian countries now actively developing their network of bilateral investment treaties (BITs) and free trade agreements (FTAs), this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contribution to its science and practice. The book discusses the major factors that have been driving Asian countries to new directions in international investment rule-making and dispute settlement. It also looks at whether Asian countries are crafting a new model of international investment law to reflect their specific socio-cultural values. Finally, the book examines whether there are any ‘Asian’ styles of international investment rule-making and dispute settlement, or if individual Asian countries are seeking specific national ‘models’ based on economic structure and geopolitical interests. This unique collection is exceptionally useful to students, scholars and practitioners of international investment law, international trade law and public international law.
Author:
Publisher: DIANE Publishing
ISBN: 1428967311
Category :
Languages : en
Pages : 29
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Book Description
Author: Mavroidis, Petros C.
Publisher: Edward Elgar Publishing
ISBN: 1803921749
Category : Political Science
Languages : en
Pages : 640
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Book Description
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.
Author: John S. Odell
Publisher: Cambridge University Press
ISBN: 1139451006
Category : Political Science
Languages : en
Pages : 283
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Book Description
Negotiations between governments shape the world political economy and in turn the lives of people everywhere. Developing countries have become far more influential in talks in the World Trade Organization, including infamous stalemates in Seattle in 1999 and Cancún in 2003, as well as bilateral and regional talks like those that created NAFTA. Yet social science does not understand well enough the process of negotiation, and least of all the roles of developing countries, in these situations. This 2006 book sheds light on three aspects of this otherwise opaque process: the strategies developing countries use; coalition formation; and how they learn and influence other participants' beliefs. This book will be valuable for many readers interested in negotiation, international political economy, trade, development, global governance, or international law. Developing country negotiators and those who train them will find practical insights on how to avoid pitfalls and negotiate better.
