What Direction Should The Dsu Take
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Author | : Mavroidis, Petros C. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2022-07-15 |
Genre | : Political Science |
ISBN | : 1803921749 |
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 | : Amrita Bahri |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 178643749X |
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).
Author | : Harald Hohmann |
Publisher | : Cambridge University Press |
Total Pages | : 504 |
Release | : 2008-11-10 |
Genre | : Law |
ISBN | : 1139474170 |
The Doha Round is the first major trade negotiation round under the WTO since the failure of the Seattle Ministerial in 1999. The Doha discussions and results will have a large impact on the future of international trade law. Leading scholars and practitioners from three continents comment on four such areas in this book. Firstly, poverty eradication, capacity building, and special and differential treatment are required to change for WTO law to be accepted globally; this may lead to a reinterpretation of WTO law. Secondly, the major trade policy concerns, the global concept of competition, and the impacts of trade facilitation and of sustainability of trade liberalization are examined. The third topic is the improvement of the dispute settlement through, for example, a relaxation of tensions between the judicial and diplomatic models. Finally, possible solutions for the balance between free trade, environmental protection and human rights are explored.
Author | : Mervyn Martin |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 361 |
Release | : 2013-01-30 |
Genre | : Law |
ISBN | : 9004227814 |
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 | : Mitsuo Matsushita |
Publisher | : Oxford University Press |
Total Pages | : 942 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 0199571856 |
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Author | : World Trade Organization |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-09-14 |
Genre | : Business & Economics |
ISBN | : 1108417272 |
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author | : Alberto do Amaral Júnior |
Publisher | : Springer |
Total Pages | : 391 |
Release | : 2019-04-09 |
Genre | : Law |
ISBN | : 3030032639 |
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 | : United States |
Publisher | : |
Total Pages | : 432 |
Release | : 2008 |
Genre | : Education, Higher |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 486 |
Release | : 2009 |
Genre | : Commercial treaties |
ISBN | : 9780191705588 |
This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.
Author | : Guohua Yang |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 610 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 904112361X |
In the course of the first decade of the existence of the World Trade Organisation (WTO), the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) has shown itself to be the foundation upon which the stable bas of the organisation rests. In essence, the DSU created a system of binding dispute settlement based on legal rules and procedures closely resembling a domestic, judicially based court system. The DSU established the procedures and rules to solve the dispute between the WTO Members and its formation has unquestionably added to the stability and positively influenced the performance of the international trading system. In short, the DSU is the procedural law within the WTO legal system. Although a strict system of precedent is not contemplated in the DSU itself, a system of de facto precedent has emerged and every panel or appellate body carefully considers past cases in its decisions. Accordingly, a rich body of case law has developed from the jurisprudence of the Dispute Settlement Board (DSB). This major new publication is the first comprehensive exploration of this jurisprudence. Through an article-by-article interpretation of the DSU, this book analyses how the panels and Appellate Body have read, interpreted and construed the provisions of the DSU. Its expert authors provide detailed juridical essays on each of the 27 articles of the DSU, with precise commentary on how panel and Appellate Body reports and arbitral awards (over 100 to date) affect the interpretation and application of the various DSU provisions. The coverage also includes the special or additional rules and procedures referred to in some of the agreements covered by the DSU, especially the manner in which the DSB has applied such rules to anti-dumping, subsidies and countervailing measures, and textiles. In addition, the volume reprints all of the DSU-related documents for easy reference. WTO Dispute Settlement Understanding: A Detailed Interpretation provides complete and through evaluation of the practical working meaning of the DSU. It will be of invaluable assistance to government officials, legal practitioners, scholars, media participants, non-governmental organisations, and other in their practical and important endeavors. The detailed analysis of this very important legal material will be welcomed by all concerned with matters of world trade and globalisation.