• No results found

WTO Dispute Settlement

THE ROLE OF WTO DISPUTE SETTLEMENT SYSTEM IN INTERNATIONAL AND NATIONAL INSTITUTIONAL FRAMEWORK: THE CASE OF UKRAINE

THE ROLE OF WTO DISPUTE SETTLEMENT SYSTEM IN INTERNATIONAL AND NATIONAL INSTITUTIONAL FRAMEWORK: THE CASE OF UKRAINE

... the WTO member ...allow WTO member countries to lift measures that are not compliant with WTO ...tools, WTO member countries can be confident of restoring their violated ...the WTO ...

21

The GATT/ WTO Dispute Settlement: Performance of Developing and Developed States in Initiated Disputes, 1948 – 2011

The GATT/ WTO Dispute Settlement: Performance of Developing and Developed States in Initiated Disputes, 1948 – 2011

... the WTO, a power- and diplomacy-oriented GATT, “the veritable nightmare for developing countries” does not exist anymore (Oloka-Onyango & Udagama, 2000 [in:] Smith, 2011: ...the WTO has brought along ...

53

Problems of Developing Country Access to WTO Dispute Settlement

Problems of Developing Country Access to WTO Dispute Settlement

... If successful, the creation of effective public-private networks could finally begin to close the gap in access to WTO dispute settlement. The difficulty with such an approach is the groundswell of ...

72

Convergence of WTO Dispute Settlement and Investor-State Arbitration: A Closer Look at Umbrella Clauses

Convergence of WTO Dispute Settlement and Investor-State Arbitration: A Closer Look at Umbrella Clauses

... the WTO dispute settlement mechanism, arbitration is much faster and more flexible, especially for investors who prefer to sue for themselves and seek retrospective ...for WTO claims, ...

45

The Current and Future WTO Dispute Settlement System

The Current and Future WTO Dispute Settlement System

... The WTO is sometimes said to be undemocratic and a threat to national ...the dispute settlement system. The DSU was a key reform in WTO dispute ...

67

NON-COMPLIANCE AND ULTIMATE REMEDIES UNDER THE WTO DISPUTE SETTLEMENT SYSTEM

NON-COMPLIANCE AND ULTIMATE REMEDIES UNDER THE WTO DISPUTE SETTLEMENT SYSTEM

... The WTO dispute settlement mechanism was established in 1994 with the specific aim of removing the weaknesses of the previous GATT ...new WTO dispute settlement mechanism ...

22

Trade dispute settlement mechanisms: the WTO dispute settlement understanding in the wake of the GATT

Trade dispute settlement mechanisms: the WTO dispute settlement understanding in the wake of the GATT

... the WTO Dispute Settlement Understanding ...GATT dispute settlement system comprised rudimentary remnants of a more thorough framework contained in the defunct Havana Charter of the ...

23

Globalization and the WTO Dispute Settlement Mechanism: Making a Rules based Trading Regime Work

Globalization and the WTO Dispute Settlement Mechanism: Making a Rules based Trading Regime Work

... the WTO retaliation mechanism prescribes that complaints cannot unilaterally take retaliatory actions unless the DSB makes decisions and permits them to, which means that the defendant side is able to violate the ...

42

Seeking Mutual Understanding  A Discourse Theoretical Analysis of the WTO Dispute Settlement System

Seeking Mutual Understanding A Discourse Theoretical Analysis of the WTO Dispute Settlement System

... &RQVHQVXVDQG'6%FROOHJLDOLW\ $Q DFWLRQ RULHQWDWLRQ WR FRQVHQVXV ZRXOG UHYHDO D FRQFHUQ ZLWK XQDQLPLW\ LQ GLVSXWHVHWWOHPHQW$OWKRXJKFRQVHQVXVXVHGWRRFFXS\DPRUHSURPLQHQWSRVL WLRQ XQGHU WKH *[r] ...

36

Procedural rules in WTO dispute settlement in the face of the crisis of the Appellate Body - QIL QDI

Procedural rules in WTO dispute settlement in the face of the crisis of the Appellate Body - QIL QDI

... the WTO political organs (gov- erned by a positive consensus rule, pursuant to Article IX(1) of the Marra- kesh Agreement) and the judicial function of the Appellate Body (whose reports are adopted according to ...

20

The WTO Dispute Settlement as Seen by a Proceduralist

The WTO Dispute Settlement as Seen by a Proceduralist

... 5 8 Thus, the panel and Appellate Body proceedings, Article 25 arbitration, and these types of ancillary arbitrations constitute the universe of the WTO dispute sett[r] ...

23

The effect of the WTO dispute settlement crisis on the development of case law on national security exceptions: A critical scenario - QIL QDI

The effect of the WTO dispute settlement crisis on the development of case law on national security exceptions: A critical scenario - QIL QDI

... In both the cases above mentioned if panels confirm that GATT Ar- ticle XXI is justiciable, but rule out that the US as well as the Gulf States’ measures fall under it, it may not be excluded that the respondent States ...

19

Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement

Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement

... In trying to apply a concept of a prima facie case that raises a pre- sumption in favor of the claimant and shifts a rebuttal burden to the respondent, a pane[r] ...

23

Problems with WTO Dispute Settlement

Problems with WTO Dispute Settlement

... Solely because binding dispute settlement had given the United States two supposedly unrelated wins against the EU and a right of retaliation against European products, wh[r] ...

11

Negotiating the review of the WTO Dispute Settlement Understanding

Negotiating the review of the WTO Dispute Settlement Understanding

... GATT dispute settlement had already become a more judicial instrument in the late 1970s and 1980s, where the cornerstones were laid for the later evolution towards the DSU (see Sections ...of dispute ...

351

Allocating the Burden of Proof in WTO Dispute Settlement Proceedings

Allocating the Burden of Proof in WTO Dispute Settlement Proceedings

... Where a provision, upon proper analysis, permits a member to justify a measure that would otherwise be inconsistent with its obligations, there is good reason to dep[r] ...

15

The WTO dispute settlement system and the challenge of environment and legitimacy

The WTO dispute settlement system and the challenge of environment and legitimacy

... TO dispute settlement system to rule that a MEA places any obligations on ...TO dispute settlement system, it would certainly have been better to openly admit the relevance o f the CBD and the ...

258

THE WTO DISPUTE SETTLEMENT SYSTEM: ISSUES TO CONSIDER IN THE DSU NEGOTIATIONS

THE WTO DISPUTE SETTLEMENT SYSTEM: ISSUES TO CONSIDER IN THE DSU NEGOTIATIONS

... the WTO, an institution that preaches trade liberalization, relies on trade protectionism in the form of retaliation as a means of neutralizing the effect, or forcing the disappearance, of illegal trade ...

26

Process and Procedure in WTO Dispute Settlement

Process and Procedure in WTO Dispute Settlement

... precedent, and he knows indeed about what I am talking about. government has not been exactly friendly towards international law, so the matter I am raising has s[r] ...

9

Compliance Problems in WTO Dispute Settlement

Compliance Problems in WTO Dispute Settlement

... decade have continued during succeeding years, although trade remedy cases now predominate in contested dispute settlement proceedings, 2 ' and the United States has beco[r] ...

11

Show all 1973 documents...

Related subjects