The EU and Its Member States in WTO Dispute Settlement PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The EU and Its Member States in WTO Dispute Settlement PDF full book. Access full book title The EU and Its Member States in WTO Dispute Settlement by Gracia Marin-Duran. Download full books in PDF and EPUB format.
Author: Gracia Marin-Duran
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The aim of this paper is to examine and assess the participation of the European Union (EU) and its Member States (MS) in the dispute settlement system of the World Trade Organisation (WTO), with a focus on one legally and politically important question: how their unique position as full WTO members has affected their respective responsibility for the performance of WTO obligations. While generally upholding the prevailing view that the EU's participation in the WTO dispute settlement system has been a 'success story', the paper will offer a more nuanced assessment of the Union's eagerness to assume lead responsibility for breaches of WTO law, in terms of both the degree of third-party acceptance and the relative impact of EU own rules. Drawing upon an in-depth analysis of practice, two main arguments will be advanced. First, the extent to which the EU's assertion of exclusive participation and responsibility has been accepted by other WTO members and dispute settlement organs ought to be qualified, particularly in light of more recent, post-Lisbon, WTO disputes. Second, the approach to EU/MS international responsibility we have witnessed in the WTO dispute settlement system has not just been determined by the EU internal rules -i.e., a pure 'competence model', whereby the exclusive (external) competence of the EU for virtually all WTO matters will implicate its exclusive responsibility in all instances. Rather, the specificity of the WTO dispute settlement system has exercised considerable influence on whether and how such internal rules are relevant to the determination of EU (sole or joint) responsibility for breaches of WTO law, and most significantly the WTO rules on remedies which embody the very purpose of assigning responsibility for an internationally wrongful act in this specific treaty context. Accordingly, it is suggested that this 'competence/remedy' model for managing EU/MS international responsibility in the WTO, which combines both internal and external legal factors, may remain a case apart, unique to that dispute settlement regime.
Author: Gracia Marin-Duran
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The aim of this paper is to examine and assess the participation of the European Union (EU) and its Member States (MS) in the dispute settlement system of the World Trade Organisation (WTO), with a focus on one legally and politically important question: how their unique position as full WTO members has affected their respective responsibility for the performance of WTO obligations. While generally upholding the prevailing view that the EU's participation in the WTO dispute settlement system has been a 'success story', the paper will offer a more nuanced assessment of the Union's eagerness to assume lead responsibility for breaches of WTO law, in terms of both the degree of third-party acceptance and the relative impact of EU own rules. Drawing upon an in-depth analysis of practice, two main arguments will be advanced. First, the extent to which the EU's assertion of exclusive participation and responsibility has been accepted by other WTO members and dispute settlement organs ought to be qualified, particularly in light of more recent, post-Lisbon, WTO disputes. Second, the approach to EU/MS international responsibility we have witnessed in the WTO dispute settlement system has not just been determined by the EU internal rules -i.e., a pure 'competence model', whereby the exclusive (external) competence of the EU for virtually all WTO matters will implicate its exclusive responsibility in all instances. Rather, the specificity of the WTO dispute settlement system has exercised considerable influence on whether and how such internal rules are relevant to the determination of EU (sole or joint) responsibility for breaches of WTO law, and most significantly the WTO rules on remedies which embody the very purpose of assigning responsibility for an internationally wrongful act in this specific treaty context. Accordingly, it is suggested that this 'competence/remedy' model for managing EU/MS international responsibility in the WTO, which combines both internal and external legal factors, may remain a case apart, unique to that dispute settlement regime.
Author: Marise Cremona
Publisher: Bloomsbury Publishing
ISBN: 1509903259
Category : Law
Languages : en
Pages : 481
Get Book Here
Book Description
This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.
Author: Alberto do Amaral Júnior
Publisher: Springer
ISBN: 3030032639
Category : Law
Languages : en
Pages : 391
Get Book Here
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: Plarent Ruka
Publisher: Springer
ISBN: 331957177X
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.
Author: Qingjiang Kong
Publisher: World Scientific
ISBN: 9814273406
Category : Business & Economics
Languages : en
Pages : 200
Get Book Here
Book Description
This book delves into the trade disputes between the EU and China and identifies the causes for trade disputes. It examines how the disputes will shape the China-EU trade relations, and offers a macro overview on how the issues can be resolved or at least how they should be managed.
Author: Nicholas Perdikis
Publisher: Edward Elgar Publishing
ISBN: 9781781958490
Category : Business & Economics
Languages : en
Pages : 328
Get Book Here
Book Description
'The book is an excellent introduction to understanding the principal trade disputes between the United States and EU over the last decade and a half.' - International Trade Law and Regulation This book provides a critical overview and assessment of the WTO's dispute settlement procedures in the context of several recent trade-related disputes between the EU and the US.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The World Trade Organization (WTO) is an international organization created to coordinate trading rules among nations. Made up of internationally negotiated trade agreements, the WTO has three main objectives: (1)to assist in the free operation of international trade; (2) to allow continued progress of liberalization of such trade through fair negotiations; and (3) to create a system for the impartial settlement of international trade disputes. A key component of the World Trade Organization (WTO) is the Dispute Settlement Body (DSB). This body, as with the WTO itself, has only been in operation since January of 1995. The WTO, although relatively new, has made significant strides in improving the international trading system and resolving trade disputes. Unlike other international organizations, such as the international Monetary Fund (IMF) or World Bank, the WTO is not controlled by a board of directors, but instead is governed by its member nations. Given this type of arrangement, it is essential that the member nations abide by the signed agreements that govern the operation of the WTO and its Dispute Settlement Body. Otherwise the WTO cannot function as envisioned. This research argues that the European Union (EU) is presently abusing the system through its actions in the dispute settlement case EC- Hormones, Complaint by the United States. Using tactics designed to delay the resolution of this dispute, the EU has increased the costs ssociated with the Dispute Settlement Body (DSB) and threatened the credibility of the WTO.
Author: Chad P. Bown
Publisher: Rowman & Littlefield
ISBN: 0815704186
Category : Political Science
Languages : en
Pages : 301
Get Book Here
Book Description
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
Author: Ross Becroft
Publisher: Edward Elgar Publishing
ISBN: 178100224X
Category : Political Science
Languages : en
Pages : 289
Get Book Here
Book Description
'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.
Author: Amrita Bahri
Publisher: Edward Elgar Publishing
ISBN: 178643749X
Category : Business & Economics
Languages : en
Pages : 288
Get Book Here
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).
