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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: 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: Robert Z. Lawrence
Publisher: Council on Foreign Relations Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 66
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Book Description
The Doha negotiations have stalled since last summer, and, as the November elections in the United States highlighted, American advocates of economic nationalism are growing in strength. Nevertheless, Robert Lawrence makes a case for the effectiveness of the World Trade Organization (WTO), particularly its dispute settlement system, and the benefits that would accrue to the United States and others from improving its effectiveness. These benefits include expanding world trade and increasing support for an often beleaguered organization that is central to the conduct of world trade.In this Council Special Report, Professor Lawrence addresses the critics of the dispute settlement mechanism —both those who think it should be tougher on countries that violate trade rules and those who think it is already so tough as to violate sovereignty. He points out the successes of the WTO since its creation in 1995 and argues that radical changes to the system are ill-advised. Lawrence nonetheless suggests several areas for reform, from steps that require multilateral negotiations, such as improving opportunities for nonstate actor participation in and enhancing transparency of the process, to changes the United States could make in its own behavior.
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: Giorgio Sacerdoti
Publisher: Cambridge University Press
ISBN: 0521863147
Category : Law
Languages : en
Pages : 44
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Book Description
Publisher Description
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: 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: Yong-Shik Lee
Publisher: Cambridge University Press
ISBN: 1107098939
Category : Business & Economics
Languages : en
Pages : 519
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Book Description
In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.
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: Marco Tulio Molina Tejeda
Publisher: Kluwer Law International B.V.
ISBN: 9041185976
Category : Law
Languages : en
Pages : 680
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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: 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.
