Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date. The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by Springer Nature. This book was released on 2021-09-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements An Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU s FTAs written by Mehmet Karli and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report consists of two main parts. The first Part is the report entitled 'Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements'. The second part is composed of four different Appendices. These Appendices together form the 'Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs'. The four Appendices are as follows: * Appendix A: First Generation of Dispute Settlement clauses in the EU's RTAs * Appendix B: Comparison of the EU's and the ACP's Negotiation Positions on the Review of the WTO Dispute Settlement Mechanism * Appendix C: Timeline of Disputes under the WTO, the EU-Mexico and the EU-Chile FTAs, and the EU-CARIFORUM EPA * Appendix D: Analytical & Comparative Guide to Dispute Settlement Mechanisms in the WTO, the EU-Mexico FTA, the EU-Chile FTA and the EPAs The Report and the Guide (Appendices) are connected to each other; in that, the Report frequently refers to the tables provided in the Appendices therefore it should be read together with them. On the other hand, the Guide could also be used separately for detailed comparisons across several agreements and could serve negotiators by making it easier for them to draw on other agreement's relevant provisions.
Download or read book Understanding Dispute Settlement Mechanisms in the World Trading System written by Rahmat Mohamad and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Gatt Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and published by Martinus Nijhoff Publishers. This book was released on 1997-02-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Download or read book The EU s Trade Dispute Settlement Mechanism written by Jonas Weinberger and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this contribution is to review the dispute settlement provisions in the EU's trade agreements and assess their evolution in light of their potential to provide a viable alternative for the EU for the currently challenged WTO dispute settlement mechanism. It reviews the theory of dispute settlement mechanisms and looks into the EU's FTAs dispute settlement provisions and analyzes how these have involved over time. This analysis is then put in context of the current broader landscape of dispute settlement in international economic law and WTO dispute settlement. We argue that the EU has shown a strong shift in its bilateral dispute settlement provisions from a diplomatic undertaking to a more judicial mechanism, and is now beginning to test the viability of bilateral dispute settlement in light of the questions surrounding the WTO DSU.
Download or read book The Conclusion and Implementation of EU Free Trade Agreements written by Isabelle Bosse-Platière and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
Download or read book Reform and Development of the WTO Dispute Settlement System written by Dencho Georgiev and published by Cameron May. This book was released on 2006 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Political Quasi Adjudicative Dispute Settlement Models in European Union Free Trade Agreements is the Quasi Adjudicative Model a Trend Or is it Just Another Model written by Edna Ramírez Robles and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, interpretation and application dispute settlement provisions of European Union (EU) Free Trade Agreements (FTAs) signed between 1963 and 2006 are analysed. This will be through the two models of Dispute Settlement in International Law: the political and adjudicative. Political elements of dispute settlement mechanisms in Public International Law and General Agreement of Tariffs and Trade (GATT) served to establish those of the EU FTAs. Adjudicative and quasi-adjudicative elements of dispute settlement mechanisms of Public International Law and World Trade Organization (WTO) Law were used as parameters to set up those of the EU FTAs. These parameters also helped to define a new and unique hybrid model. The features of this model were found in Agreements with trade issues other than FTAs. It is possible, however, for future FTAs to incorporate them. The hybrid model is based on an adjudicative framework and includes both political and adjudicative elements. In conclusion, it was found that even though WTO Members incorporated adjudicative elements in the Dispute Settlement Understanding (DSU), the EU did not incorporate them bilaterally for a further five years. Furthermore, since the creation of the DSU in 1995, the EU has established more FTAs based on a political model than on a quasi-adjudicative. Consequently, the quasi-adjudicative dispute settlement model has not represented a clear trend in EU FTAs.
Download or read book Understanding Mega Free Trade Agreements written by Jean-Baptiste Velut and published by Routledge. This book was released on 2017-08-23 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of cross-regional trade agreements is a defining trend of the current international trade system as shown by the signing of the Trans-Pacific Partnership (TPP) in 2015, the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) between the USA and the EU as well as the Regional Comprehensive Economic Partnership (RCEP) between countries in Asia and Oceania. These differ from previous agreements in their economic significance and large geographic scale, and the wide scope of trade-related issues. The current rise of nationalist and isolationist ideologies across Europe and the USA has raised questions on the future of cross-regional trade deals and made the need to understand their implications for economic and political governance ever more urgent. Two main forms of governance that are central to this volume are the democratic tensions over new generation trade deals on the one hand, and their geopolitical ramifications on the other, which have come into collision to herald the advent of a highly uncertain period of world politics. Many of the questions tackled in this volume, surrounding the democratic governance of trade agreements – whether long-held debates on the inclusion of workers’ voices, controversies on intrusive "behind the border" provisions undermining national sovereignty and local autonomy or new questions on digital rights – are crucial to understand the ebbing popular support for far-reaching trade agreements. This book will be a useful learning tool for students and scholars in a wide range of fields, including Globalisation, Global Governance, International Political Economy, International Trade and Investment and International Law, and should also be of interest to EU trade negotiators, international policymakers and business associations.
Download or read book Regional Trade Agreements and the Multilateral Trading System written by Rohini Acharya and published by Cambridge University Press. This book was released on 2016-09-22 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Download or read book Open Strategic Autonomy in EU Trade Policy written by Wolfgang Weiß and published by Cambridge University Press. This book was released on 2024-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and its underlying constitutional obligations. The analysis is also set against the consequences that would flow from that within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.
Download or read book FTA Dispute Settlement Mechanisms Alternative Fora for Trade Disputes written by Cornelia Furculita and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper investigates whether in the context of the Appellate Body crisis and the more developed FTA norms, the dispute settlement mechanisms contained in EU FTAs, particularly CETA and EUJEPA, could emerge as attractive alternative fora for solving trade disputes. The paper will analyze potential substantive and procedural aspects that would shape the answer to the posed question. It will argue that CETA and EUJEPA dispute settlement mechanisms could become partial attractive bilateral alternatives to solve trade disputes between the parties. However, it will also show that there are certain aspects that will act against these mechanisms.
Download or read book Understanding the EU as a Good Global Actor written by Fahey, Elaine and published by Edward Elgar Publishing. This book was released on 2022-10-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.
Download or read book Restoring Trust in Trade written by Denise Prévost and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the global financial crisis, the world has witnessed increasing manifestations of eroding trust in the international trade regime, including Brexit and the Trump administration's unilateral trade policies. Restoring trust in the international trading system is essential to prevent the rise of economic nationalism and beggar-thy-neighbour policies, which as history has shown are a threat to global welfare and peace. As a scholar, counsellor of the WTO Appellate Body Secretariat, and, between 2009 and 2017, a member of the WTO Appellate Body, Peter Van den Bossche has addressed the challenges faced by the international trade regime and has tirelessly promoted trust in the multilateral governance model. This Liber Amicorum honours his contribution to the development of a 'trustworthy' rules-based multilateral trading system, which has left a lasting legacy. In this timely book, leading experts and friends of Peter Van den Bossche, including his mentors, colleagues and PhD candidates, come together to pay tribute to his work by exploring, from a legal perspective, what can be done to restore trust in trade, focusing on: (1) ensuring a robust institutional framework that promotes rule of law over power politics, (2) safeguarding the integrity and effectiveness of trade dispute settlement, and (3) ensuring that substantive international trade rules appropriately balance trade and non-trade interests.
