WTO Dispute Settlement and the Missing Developing Country Cases PDF Download
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Author: Chad P. Bown
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The poorest WTO member countries almost universally fail to engage as either complainants or interested third parties in formal dispute settlement activity related to their market access interests. This paper focuses on costs of the WTO`s extended litigation process as an explanation for the potential but `missing` developing country engagement. We provide a positive examination of the current system, and we catalogue and analyze a set of proposals encouraging the private sector to provide DSU-specific legal assistance to poor countries. We investigate the role of legal service centres, non-governmental organizations, development organizations, international trade litigators, economists, consumer organizations, and law schools to provide poor countries with the services needed at critical stages of the WTO`s extended litigation process. In the absence of systemic rules reform, the public-private partnership model imposes a substantial cooperation burden on such groups as they organize export interests, estimate the size of improved market access payoffs, prioritize across potential cases, engage domestic governments, prepare legal briefs, assist in evidentiary discovery, and pursue the public relations effort required to induce foreign political compliance.
Author: Chad P. Bown
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The poorest WTO member countries almost universally fail to engage as either complainants or interested third parties in formal dispute settlement activity related to their market access interests. This paper focuses on costs of the WTO`s extended litigation process as an explanation for the potential but `missing` developing country engagement. We provide a positive examination of the current system, and we catalogue and analyze a set of proposals encouraging the private sector to provide DSU-specific legal assistance to poor countries. We investigate the role of legal service centres, non-governmental organizations, development organizations, international trade litigators, economists, consumer organizations, and law schools to provide poor countries with the services needed at critical stages of the WTO`s extended litigation process. In the absence of systemic rules reform, the public-private partnership model imposes a substantial cooperation burden on such groups as they organize export interests, estimate the size of improved market access payoffs, prioritize across potential cases, engage domestic governments, prepare legal briefs, assist in evidentiary discovery, and pursue the public relations effort required to induce foreign political compliance.
Author: Metivier, Jeanne
Publisher: Intl Food Policy Res Inst
ISBN:
Category : Political Science
Languages : en
Pages : 58
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Book Description
Since the inception of the World Trade Organization (WTO) in 1995, member countries have been heavily relying on the organization's dispute settlement procedure (DSP). Exploiting a new database on WTO litigations between 1995 and 2014, this paper describes disputes initiated over this period and identifies potential sources of bias concerning the participation of developing countries. The analysis builds on three different models to determine country i's probability of initiating a dispute against country j. Either it depends only on the two countries' structure of trade, that is the number of products exported by i to j (a situation we refer to as the rules-based model), or it is also affected by country i's or country j's specific characteristics (the unilateral power-based model), or it is also affected by bilateral economic and trade relations between countries i and j (the bilateral power-based model). We find that country i's structure of trade with j plays an important role in explaining the probability that i initiates a dispute against j under the DSP. Furthermore, country i's legal capacity and both countries' political regimes also affect this probability. However, we do not find that bilateral relationships between i and j, such as participants' capacity to retaliate against each others have an impact on dispute initiation.
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: Chad P. Bown
Publisher: Rowman & Littlefield
ISBN: 0815704186
Category : Political Science
Languages : en
Pages : 301
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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: 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: Gregory C. Shaffer
Publisher: Cambridge University Press
ISBN: 9781107684683
Category : Law
Languages : en
Pages : 0
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Book Description
This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
Author: Dencho Georgiev
Publisher: Cameron May
ISBN: 1905017243
Category : Arbitration and award, International
Languages : en
Pages : 488
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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: David Palmeter
Publisher: Cambridge University Press
ISBN: 9780521530033
Category : Business & Economics
Languages : en
Pages : 356
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Book Description
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
Author: Mervyn Martin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227814
Category : Law
Languages : en
Pages : 361
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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: 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.
