[PDF] Top 20 The WTO Dispute Settlement as Seen by a Proceduralist
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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] ... See full document
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Globalization and the WTO Dispute Settlement Mechanism: Making a Rules based Trading Regime Work
... transformation of the world economy. In some sense, this is clearly true. But as some observers have pointed out (Harris, 1998, Khan, 1998) the word globalization, as commonly used, is largely a descriptive and not an ... See full document
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Building Sustainable Peace in International Relations - Dispute Settlement in WTO
... all WTO member states benefit equally from the multilateral trading ...With WTO membership, even the smallest and least developed states gain the right to hear their "voices", to negotiate in terms ... See full document
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DISPUTE SETTLEMENT MECHANISM UNDER WTO: AN ANALYSIS WITH SPECIAL REFERENCE TO INDIA
... use dispute settlement proceedings to prove their aggression to domestic ...use dispute settlement proceedings as instruments for coercion of the less privileged Member ... See full document
14
Towards a Grand Unified Theory of International Economic Law
... Like the WTO and the IMF, the laws of the World Bank have had an inconsequential impact on the global economy. This is in large part the consequence of the greater role played by extraneous factors, such as ... See full document
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... Likewise, in reaching limits, the panels must decide how ready they are, not just to resolve ambiguities, but to fill gaps in the agreements where they fail to offer a solution to the dispute. Should they feel ... See full document
22
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] ... See full document
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Conflicts between Dispute Settlement Mechanisms in Regional Trade Agreements and the WTO - What Should WTO Do
... (i) Brazil introduced the exemption only after a dispute settlement tribunal established under MERCOSUR ruled that the ban violated Brazil's obliga- tions under MERCOSU[r] ... See full document
17
Preferential Trade Agreements and the Law and Politics of GATT Article XXIV
... when “it was made clear by the original six EEC Member States that a GATT finding that the EEC violated Article XXIV of the GATT could well result in their withdrawal from GATT” the assessment of the EEC stopped and GATT ... See full document
7
Still Dissatisfied After All These Years: Intellectual Property, Post-WTO China, and the Avoidable Cycle of Futility
... administration should file a formal complaint against China with the Dispute Settlement Body of the World Trade Organization (WTO) over inadequate enforcement of intellectual [r] ... See full document
16
Trappings of Legality: Judicialization of Dispute Settlement in the WTO, and Its Impact on Developing Countries
... while lowering the prospects for initiation by [developing countries] by as much as a third.' 3 1 Notwithstanding the predictive power of trade dependence in explainin[r] ... See full document
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THE ROLE OF WTO DISPUTE SETTLEMENT SYSTEM IN INTERNATIONAL AND NATIONAL INSTITUTIONAL FRAMEWORK: THE CASE OF UKRAINE
... The transition from the Plan to the Market economy entails big changes over a short time span, in institutions on the one hand, and in trade integration and blocs‘ geography on the other. The main issue is, whether ... See full document
21
Framing Access and Exclusion for Arab Countries in WTO Affairs Bashar H. Malkawi*
... the WTO is a government contract for governments and governments ...a WTO member, submitted amicus curiae in the EC- Sardine case with ...on WTO members setting an example for NGOs, academia, ... See full document
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The WTO Banana Dispute Settlement and Its Implications for Trade Relations between the United States and the European Union
... In 1995, after the Uruguay Round agreements took effect, providing aggrieved GATT members access to the new WTO dispute settlement pro- cess, the United States joine[r] ... See full document
17
Bringing the globe into globalization: Models of capacity building and technology transfer
... Nevertheless, despite these positive observations in relation to the case-studies under consideration by the Working Group which clearly mix both different interpretations of capacity building, there remains a difficulty ... See full document
25
Convergence of WTO Dispute Settlement and Investor-State Arbitration: A Closer Look at Umbrella Clauses
... the dispute between private investors and the host state, it can also be understood as merely a preliminary opinion that WTO may look at if interstate WTO proceedings arise in the ...the WTO, ... See full document
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The Boeing-Airbus “Can of Stink.” EUMA Papers, Vol. 5, No. 2 January 2008
... the WTO, with its more robust dispute settlement procedures, began ...the WTO ruled against the FSC tax benefits the US was supplying ...the WTO again. This time, though, the EU sought ... See full document
10
Trade dispute settlement mechanisms: the WTO dispute settlement understanding in the wake of the GATT
... in WTO trade disputes and conclude that there is little evidence of ...formal WTO trade disputes between 1995 and 2001. While WTO Members all have equal access to the DSU, weaker ones – that is, ... See full document
23
Determining the Appropriate Standard of Review in WTO Disputes
... (stating that the dispute settlement system seeks to preserve the WTO mem- bers' balance of rights and obligations by providing for uniform interpretation of WTO law,[r] ... See full document
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Negotiating the review of the WTO Dispute Settlement Understanding
... The Havana Charter’s language on the settlement of differences makes it clear that the core concept is the preservation of the balance of rights (or benefits) and obligations. Commonly referred to as ... See full document
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