Download or read book Resolving Trade Disputes at the New World Trade Organization written by Francis J. Gorman and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April of 1996, three judges of the Appellate Body affinned the first major ruling under the trade dispute resolution procedures administered by the new World Trade Organization (WTO). The judges - from the Philippines, Japan, and New Zealand - held that key regulations adopted by the Environmental Protection Administration (EPA) pursuant to the 1990 Clean Air Act Amendments discriminated against imported gasoline in violation of U.S. obligations under the 1994 General Agreement on Trade and Tariffs (GATT). A nation's international trade obligations under GATT can, and often do, conflict with its domestic laws and regulations and with fundamental principles of sovereignty. The imported gasoline decision provides the first test of the ability of the WTO to resolve trade disputes. The United States will be given a reasonable period of time to bring its EPA regulations into conformity with the GATT obligations. Failing that, the countries that brought the case, Venezuela and Brazil, will be authorized by the WTO to suspend trade benefits previously granted to U.S. products.
Download or read book Resolving Trade Disputes written by Daniel H. Erskine and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization's Dispute Settlement Body grew out of decades of experience and the frustrations of sovereign nations regarding the method of settling international conflicts between states over tariff and trade issues. This article discusses the historical development of the World Trade Organization's dispute resolution system. The first section analyzes a number of agreements and proposals entered into and put forward during the period from 1947 through 1990. The second section addresses the instrument which inaugurates the World Trade Organization's current dispute settlement procedure and further describes a number of submissions by nations for improvements to the mechanism.
Download or read book Wto And Environment related International Trade Disputes The Biosecurity And Ecosystem Services Risks written by Robert Fraser and published by World Scientific. This book was released on 2019-10-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This well-written and highly readable book makes a major contribution to advancing our understanding of the contribution that economics can make to analysing the impact of international trade policies for environmental risks … Regardless of the likelihood that the current WTO dispute settlement procedures can be changed in the way suggested by the authors of this book, it is essential reading for those interested in the contribution that economics can make to advancing our understanding of the implications of international trade law for environmental issues.'Journal of Agricultural EconomicsWe live in a world that is increasingly dependent on international trade in a context of substantial regional/national political tensions. Adding to this is an emerging understanding and concern about the social impact of biosecurity and ecosystem services risks associated with such trade. As the key international trade 'arbiter', the World Trade Organization (WTO) has never before faced such complexity within its decision-making remit.With increasing numbers of bilateral and regional agreements, as well as new developments emerging such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) initiated by multi-national corporations in 2018, the WTO needs to implement ways of reinforcing its legitimacy and enhancing its relevance.This book provides an original analysis of these linked developments and delivers a timely contribution to resolving environment-related international trade disputes. It provides a clear roadmap for improving WTO trade dispute resolution procedures so both biosecurity and ecosystem services risks are considered in evaluating the social, economic and environmental impacts of international trade proposals. In so doing, the WTO should deliver enhanced multilateral social welfare.
Download or read book Trade Disputes and the Dispute Settlement Understanding of the WTO written by James C. Hartigan and published by Emerald Group Publishing. This book was released on 2009-02-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Download or read book Resolving Trade Disputes Arising from Trends in Food Safety Regulation written by Donna H. Roberts and published by . This book was released on 2004 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving International Trade Disputes written by Pennsylvania Bar Institute and published by . This book was released on 2002 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving Trade Disputes with the United States written by Mike Von Massow and published by . This book was released on 1991 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving Trade Disputes in the WTO written by Philippe and Marc Weisberger Ruttley and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book WTO Dispute Settlement written by and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 20 years, nearly 500 disputes have been brought to the WTO. About half of these were resolved during bilateral discussions while the other half proceeded to a panel process, which in recent years generally takes about 14 months. Appeals are considered by the WTO's Appellate Body and - excluding exceptionally busy periods - are completed within three months. This makes the WTO's dispute system one of the fastest in the world. This brochure, produced to mark the WTO's 20th anniversary, looks into how the dispute settlement system operates.
Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book When the Status Quo is Not Acceptable written by Deborah Kay Elms and published by . This book was released on 2003 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Case Studies in US Trade Negotiation Resolving disputes written by Charan Devereaux and published by Peterson Institute. This book was released on 2006 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1992 and 2000, US exports rose by 55 percent. By the year 2000, trade summed to 26 percent of US GDP, and the United States imported almost two-thirds of its oil and was the world's largest host country for foreign investors. America's interest in a more open and prosperous foreign market is now squarely economic. These case studies in multilateral trade policymaking and dispute settlement explore the changing substance of trade agreements and also delve into the negotiation process--the who, how, and why of decision making. These books present a coherent description of the facts that will allow for discussion and independent conclusions about policies, politics, and processes. Volume 2 presents five cases on trade negotiations that have had important effects on trade policy rulemaking, as well as an analytic framework for evaluating these negotiations.
Download or read book Why Adjudicate written by Christina L. Davis and published by Princeton University Press. This book was released on 2012-05-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Download or read book Innovative Mechanisms for Resolving Or Avoiding Inter State Trade Disputes in an Asia Pacific Regional Free Trade Agreement written by Brett G. Williams and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article elaborates upon ideas contributed to a symposium considering the possible shape of an Asia Pacific Community, including future trade arrangements within an Asia Pacific Community. It suggests some innovations in dispute settlement that could be considered for inclusion in such arrangements. The author suggests some innovative mechanisms by focussing on the way in which trade agreements and the dispute settlement mechanisms influence the internal political position of governments. The first mechanism would provide for a pre-quantification of the extent of retaliation that would be permitted should a complaint be successful. This mechanism would encourage respondent governments to focus earlier on weighing the potential loss of political support from exporters with any political support from import competing producers. The second mechanism would provide for free publication of an expert economic report on the economic welfare cost to the respondent of maintaining the protectionist measure subject to the complaint. This mechanism could increase the political weight attributed by the respondent government to the overall economic effects of the controversial measure. The paper further suggests that something similar to the second mechanism could be adopted as a separate transparency mechanism unrelated to dispute settlement. Such a mechanism might make it more likely that governments reform protectionist measures so as to avoiding the possibility of any legal dispute ever arising. An edited version of this paper is forthcoming in (2011) Australian International Law Journal (forthcoming February 2012).
Download or read book A Regional Weapon of Choice written by and published by . This book was released on 2014 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: What explains a state's choice to utilize a regional dispute settlement mechanism to resolve a trade dispute with another state instead of the global, multilateral forum of the World Trade Organization (WTO)? I argue that experience in regional dispute settlement mechanisms (DSMs) provides the opportunity for learning about the phases and specifics of the regional dispute resolution process. By learning through previous regional dispute experience, a state is able to generate a more accurate assessment of the expected outcome, costs, and value of bringing a current dispute to a regional forum and, thus, which forum is more preferred. However, I hypothesize that the extent of learning varies. I expect that the effect of previous regional dispute experience on future decisions to utilize a regional forum, given that a multilateral alternative exists at the WTO, is conditioned by a state's learning capacity. This conditional effect is due to variation in the ability and incentive of a state to learn. Each is measured by a state's available resources, i.e., its level of development and the economic relationship of the disputing dyad. I posit that the learning that occurs makes these DSMs stumbling blocks toward multilateral trade dispute resolution. I test my expectations using newly-collected original data on the initiation of and rulings issued by the dispute settlement bodies associated with the Andean Community (CAN), Central American Common Market (CACM), Common Market of the South (CACM), North American Free Trade Agreement (NAFTA), and the World Trade Organization (WTO) between 1995 and 2010. I find that previous regional dispute experience increases the likelihood of initiating a current regional dispute in a particular subject area, relative to initiating a WTO dispute. In line with my expectations, I also find that the effects of previous experience vary. The effects of previous experience are conditioned by a state's learning capacity and the amount of previous experience. These results are robust to different conceptualizations of previous experiences and model specifications. The findings of this project demonstrate that the regional dispute settlement mechanisms act as a stumbling block toward multilateral trade dispute resolution.
Download or read book The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Download or read book WTO and the Greater China written by Chien-Huei Wu and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.
