Transparency of the Trade Dispute Settlement Process 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 Transparency of the Trade Dispute Settlement Process PDF full book. Access full book title Transparency of the Trade Dispute Settlement Process by Yuka Fukunaga. Download full books in PDF and EPUB format.
Author: Yuka Fukunaga
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The objective of this paper is to assess the claim that the WTO dispute settlement system should improve the transparency of its proceedings to people by opening panel and Appellate Body meetings as well as accepting and reflecting unsolicited amicus curiae briefs. This paper argues that the claim's exclusive focus on WTO dispute settlement proceedings blinds it to the multiplicity of the process of international trade dispute settlement. That is, the process involves multiple stages, beginning with domestic discourse between the government and the interested private parties, then proceeding to international fora, including WTO dispute settlement proceedings, and ending with the internalization of a dispute solution within the respondent state. Ensuring transparency to people at one of the stages may be onerous and without benefit, while ensuring the same at another stage may produce benefits that outweigh potential costs and risks. My argument is that the transparency of each stage of the process the appropriate degrees of which differ can collectively ensure the transparency of the whole process of international trade dispute settlement to people. More specifically, the alleged lack of transparency in WTO dispute settlement proceedings may and should be complemented by transparency at other stages of the international trade dispute settlement process.
Author: Yuka Fukunaga
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The objective of this paper is to assess the claim that the WTO dispute settlement system should improve the transparency of its proceedings to people by opening panel and Appellate Body meetings as well as accepting and reflecting unsolicited amicus curiae briefs. This paper argues that the claim's exclusive focus on WTO dispute settlement proceedings blinds it to the multiplicity of the process of international trade dispute settlement. That is, the process involves multiple stages, beginning with domestic discourse between the government and the interested private parties, then proceeding to international fora, including WTO dispute settlement proceedings, and ending with the internalization of a dispute solution within the respondent state. Ensuring transparency to people at one of the stages may be onerous and without benefit, while ensuring the same at another stage may produce benefits that outweigh potential costs and risks. My argument is that the transparency of each stage of the process the appropriate degrees of which differ can collectively ensure the transparency of the whole process of international trade dispute settlement to people. More specifically, the alleged lack of transparency in WTO dispute settlement proceedings may and should be complemented by transparency at other stages of the international trade dispute settlement process.
Author: Junji Nakagawa
Publisher: Routledge
ISBN: 0415528739
Category : Business & Economics
Languages : en
Pages : 242
Get Book Here
Book Description
First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Nathalie Bernasconi-Osterwalder
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 15
Get Book Here
Book Description
Author: Bernasconi-Osterwalder
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Dencho Georgiev
Publisher: Cameron May
ISBN: 1905017243
Category : Arbitration and award, International
Languages : en
Pages : 488
Get Book Here
Book Description
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.
Author: Marco Tulio Molina Tejeda
Publisher: Kluwer Law International B.V.
ISBN: 9041185976
Category : Law
Languages : en
Pages : 661
Get Book Here
Book Description
Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.
Author: Marianna B. Karttunen
Publisher: Cambridge University Press
ISBN: 1108486452
Category : Business & Economics
Languages : en
Pages : 359
Get Book Here
Book Description
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 1108417272
Category : Business & Economics
Languages : en
Pages : 417
Get Book Here
Book Description
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author: Thomas Alexander Zimmermann
Publisher: Cameron May
ISBN: 1905017170
Category : Law
Languages : en
Pages : 321
Get Book Here
Book Description
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
Author: James C. Hartigan
Publisher: Emerald Group Publishing
ISBN: 1848552068
Category : Political Science
Languages : en
Pages : 510
Get Book Here
Book Description
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.
