Author : Laurence Boisson de Chazournes
Publisher : BRILL
Page : 307 pages
File Size : 46,70 MB
Release : 2021-10-01
Category : Business & Economics
ISBN : 9004479228
This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.
Author : Marina Foltea
Publisher : Cambridge University Press
Page : 357 pages
File Size : 12,83 MB
Release : 2012-11-08
Category : Business & Economics
ISBN : 1107028248
This in-depth analysis of the role of international organisations in WTO dispute settlement examines the level of institutional sensitivity of the WTO adjudicator to organisations including the IMF, WIPO, WCO and WHO. It will appeal to international law scholars, civil servants and law practitioners.
Author : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 48,31 MB
Release : 2017-09-14
Category : Business & Economics
ISBN : 1108417272
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author : Rüdiger Wolfrum
Publisher : BRILL
Page : 704 pages
File Size : 33,64 MB
Release : 2006-05-29
Category : Business & Economics
ISBN : 9047418182
Two of the greatest achievements of the Uruguay Round were the establishment of the World Trade Organization (WTO) as – compared to the GATT – a fully-fledged international organization and the creation of a new, uniform and binding dispute settlement system. While the failure of the Ministerial Conferences in Seattle and Cancún revealed the first cracks in the institutional structure of the WTO, the operation of the new dispute settlement system has so far been a remarkable success. In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization, Articles XXII, XXIII, and XXIV GATT 1994, the Dispute Settlement Understanding, the Trade Review Policy Mechanism, the Understanding in Respect of Waivers of Obligations under the GATT 1994 and the Understanding on the Interpretation of Article XXIV GATT 1994. Written by a team of distinguished scholars and practitioners, the volume is an indispensable work of reference for all those interested in the WTO institutional fundamentals and the dispute settlement system (international lawyers, scholars and students of WTO law, diplomats and international civil servants, members of NGOs).
Author : David Palmeter
Publisher : Cambridge University Press
Page : 356 pages
File Size : 30,6 MB
Release : 2004-04
Category : 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 :
Publisher : BRILL
Page : 260 pages
File Size : 23,75 MB
Release : 2019-06-26
Category : Business & Economics
ISBN : 9004407413
This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.
Author : Ernst-Ulrich Petersmann
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 21,93 MB
Release : 1997-02-11
Category : Political Science
ISBN : 9789041109330
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.
Author : Niels M. Blokker
Publisher : BRILL
Page : 591 pages
File Size : 11,10 MB
Release : 2021-11-29
Category : Business & Economics
ISBN : 9004420843
The proliferation of international organizations is presently a hot issue. New international organizations have been created over the last few years, such as the Organization for the Prohibition of Chemical Weapons and the World Trade Organization. At the same time a certain reluctance may be observed to create new organizations. Overlapping activities and conflicting competences occur frequently and the need for coordination is evident. The events in former Yugoslavia are an example. Both during the armed conflicts in Bosnia and Kosovo and afterwards in the era of reconstruction, the need to coordinate the work of organizations such as the UN, NATO, the EU, the World Bank, OSCE, and the Council of Europe was vital. Against this background a number of legal issues have become more important that have not yet been researched extensively, perhaps the only exception being the proliferation of international tribunals. Questions include the following: Why were new organizations created while others already existed in the same or a related field? What specific legal problems have arisen that are related to the coexistence of different organizations working (partly) in the same area? What mechanisms or instruments have been developed to coordinate the activities and to solve legal problems? These and other questions were discussed during a conference that took place from 18 to 20 November, 1999, in the Academy Building of Leiden University, The Netherlands. A large number of experts, both academics and practitioners, participated. The purpose of this book is to present the issues discussed during the Leiden conference to a larger audience. This book contains the adapted papers for the conference and several other contributions.
Author : Mitsuo Matsushita
Publisher : Oxford University Press
Page : 942 pages
File Size : 36,18 MB
Release : 2015
Category : 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 : Marco Tulio Molina Tejeda
Publisher : Kluwer Law International B.V.
Page : 661 pages
File Size : 46,1 MB
Release : 2020-07-08
Category : 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.
