Dispute Settlement Decisions
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| Author | : Mary Ellen O'Connell |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Arbitration (International law). |
| ISBN | : 9781594609046 |
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.
| Author | : Federal Government Staff |
| Publisher | : World Trade Organization |
| Total Pages | : 494 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 9781598881967 |
Dispute settlement decisions (DSD) of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions. Volume 87 covers dispute case DS336, which involves the Japanese investigation of and final countervailing duty order on imports from Korea and dispute case DSD337, which concerns the anti-dumping measure on farmed salmon from Norway.
| Author | : Mark D. Nguyen |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015-04-28 |
| Genre | : Competition, Unfair |
| ISBN | : 9781598887587 |
This book presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.
| Author | : Shahla Ali |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 940352863X |
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
| Author | : Marco Tulio Molina Tejeda |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 661 |
| Release | : 2020-07-08 |
| Genre | : Law |
| ISBN | : 9041185976 |
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 | : David Palmeter |
| Publisher | : Cambridge University Press |
| Total Pages | : 356 |
| Release | : 2004-04 |
| Genre | : Business & Economics |
| ISBN | : 9780521530033 |
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 | : James Patton |
| Publisher | : Bernan Press |
| Total Pages | : 647 |
| Release | : 2005-05-15 |
| Genre | : Business & Economics |
| ISBN | : 9781886222847 |
Dispute settlement decisions of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions.
| Author | : Bernan Press |
| Publisher | : Bernan Press |
| Total Pages | : 296 |
| Release | : 2010-05 |
| Genre | : Business & Economics |
| ISBN | : 9781598883954 |
Dispute settlement decisions (DSD) of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Volume 89 includes dispute case DS344 which concerns a series of final anti-dumping determinations by the U.S. Department of Commerce regarding imports of stainless steel from Mexico and dispute case DS285 which involves recourse to arbitration by the United States concerning measures affecting the cross border supply of gambling and betting services.
| Author | : Bernan Press |
| Publisher | : Bernan Press |
| Total Pages | : 624 |
| Release | : 2005-05 |
| Genre | : Business & Economics |
| ISBN | : 9781886222830 |
Dispute settlement decisions of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions.
| Author | : James J. Patton |
| Publisher | : |
| Total Pages | : 519 |
| Release | : 1998 |
| Genre | : Political Science |
| ISBN | : 9780890591642 |
Examine dispute settlement decisions of the World Trade Organization (WTO) with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular topics.Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Find case and treaty citations in one of two tables and gather current information on the overall status of all disputes before the WTO in one of two dispute settlement update tables. Discover current interpretations of the various treaties that govern international trade law with the full text decisions. Retrieve information more quickly and thoroughly with this first-of-its-kind series.
