General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

Normative Obsolescence of the WTO Anti-Dumping Agreement—Topography of the Global Use and Misuse of Initiations and Measures

2015 ◽  
Vol 6 (2) ◽  
pp. 233-263 ◽  
Author(s):  
Julien CHAISSE ◽  
Debashis CHAKRABORTY
Keyword(s):  
International Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
China And India ◽  
Wto Dispute Settlement ◽  
Recent Trends ◽  
Potential Risks ◽  
Areas Of Concern

The Anti-Dumping (AD) mechanism is susceptible to potential misuse for protectionist purposes, and the current explosion of AD disputes indicate a massive problem in the way international trade rules are implemented. The current World Trade Organisation (WTO) negotiations have identified areas within the Anti-Dumping Agreement (ADA) for possible reform; accordingly, the present analysis discusses these areas of concern relating to the AD provision. First, recent trends in AD practice will be analyzed both quantitatively and qualitatively to show the growing role of Asian economies. In particular, the traditional targets of AD activism, China and India, have initiated a number of AD investigations over the last decade, while imposing final measures on several occasions. Second, the ADA will be examined alongside a discussion of the potential risks of misinterpretation. Third, the paper will analyze all the complaints lodged at the WTO Dispute Settlement Body (DSB) on ADA to date.

Norm Relations Amongst Multilateral Treaties

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade ◽  
World Trade Organisation ◽  
Multilateral Agreements ◽  
The World ◽  
History Of ◽  
New Institutions ◽  
Ip Law ◽  
New Instruments

This chapter explores the revisions of and special agreements to the Berne and Paris Conventions. Amongst the multilateral agreements in the international intellectual property (IP) system, these Conventions stand out as those with a long history of more than a hundred years of existence. However, international IP law has since developed outside of the two ‘classic’ conventions. Increasingly, these developments have taken place in different forums, such as trade negotiations, and in new institutions, such as the World Trade Organisation (WTO). This raises the question on how these new instruments relate to the classic treaties. As such, the chapter also analyses the WTO Agreement on Trade Related Aspects of International Property Rights (TRIPS) and its relations with the main pre-existing IP treaties.

scholarly journals Does WTO Dispute Settlement Enforce or Inform?

2013 ◽  
Vol 44 (4) ◽  
pp. 877-902 ◽  
Author(s):  
Thomas Sattler ◽  
Gabriele Spilker ◽  
Thomas Bernauer
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Strong Support ◽  
Bargaining Model ◽  
Strategic Bargaining ◽  
Trade Law ◽  
Backwards Induction ◽  
Wto Dispute Settlement ◽  
Empirical Implications

Whereas some researchers emphasize how World Trade Organization (WTO) dispute settlement reduces complexity and clarifies legislation, others argue that dispute rulings promote co-operation by providing an enforcement mechanism. This article identifies empirical implications from these distinct arguments and tests them on WTO disputes from 1995 to 2006. The study's analytical approach combines a three-step coding of dispute escalation with a strategic bargaining model and statistical backwards induction to account for governments’ forward-looking behavior. It finds strong support for the argument that WTO dispute settlement primarily serves as an enforcement device. It finds much less support for the argument that dispute settlement reduces complexity and clarifies trade law. These results suggest that the role of WTO dispute settlement in generating information on acceptable trade policy standards is less relevant than proponents of the complexity argument tend to assume.

Principles of International Law in The WTO Dispute Settlement Body

2001 ◽  
Vol 50 (2) ◽  
pp. 248-298 ◽  
Author(s):  
James Cameron ◽  
Kevin R. Gray
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Member States ◽  
Trade Regime ◽  
Wto Dispute Settlement ◽  
The World

Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1 covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.

Three Lessons on the Construction of Export Controls Under WTO Law

2020 ◽  
Vol 39 (1) ◽  
pp. 85-115
Author(s):  
Umair Ghori
Keyword(s):  
Developing Countries ◽  
World Trade ◽  
Dispute Settlement ◽  
Mineral Resources ◽  
World Trade Organisation ◽  
Free Access ◽  
Export Controls ◽  
Wto Dispute Settlement ◽  
The World ◽  
Downstream Development

Export controls are gradually emerging as a source of contention within the World Trade Organisation (‘WTO’) law. Resource-exporting developing countries are increasingly finding it difficult to reserve the use of commodities and mineral resources for domestic purposes and downstream development due to the obligations imposed by the General Agreement on Tariffs and Trade (‘GATT’) framework and WTO law. The problem is further exacerbated by the unclear guidelines and the overwhelming import-orientation of the provisions regulating international trade within the GATT/WTO framework. This article synthesises three important lessons that can be gleaned by policymakers from GATT/WTO jurisprudence in the construction of export controls in order to avoid a hostile response from other WTO Members concerned about equitable and free access to resources. The article argues that, as things stand today, GATT provisions leave little room for policymakers to prefer budding domestic sectors. Any preferential policies that seek inward diversion of resources will most likely attract a challenge in the WTO Dispute Settlement Body.

scholarly journals Judging from Venus: A Response to Joost Pauwelyn

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 288-293 ◽  
Author(s):  
Gabrielle Marceau ◽  
Catherine Quinn ◽  
Juan Pablo Moya Hoyos
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Significant Proportion ◽  
Government Officials ◽  
Wto Dispute Settlement ◽  
Cross Fertilization

In this short response, we offer some additional context to the appointment of government officials as World Trade Organization (WTO) panelists, some information on the role of the Secretariat and areas of cross-fertilization.The Involvement of Panel Members Working for GovernmentPauwelyn emphasizes that a significant proportion of WTO panel members have a substantial government background. His numbers indicate that for the period 1995-2014, 88 percent of WTO panelists had worked a minimum of “three years in government as diplomats, negotiators, bureaucrats, ministers and so on.” However, if we look at whether the panelists are employed by governments, either as diplomats or trade specialists, at the time of their appointment as WTO panelists, the figure changes dramatically: only about 50 percent of WTO panelists are employed in government at the time of their nomination. In accordance with Article 8.9 of the Dispute Settlement Understanding (DSU), the procedural rules applicable to WTO dispute settlement proceedings, panelists serve in their individual capacities and not as government representatives.

scholarly journals A RELAÇÃO ENTRE ESTADO E AS ENTIDADES PRIVADAS NA REGULAÇÃO DO COMÉRCIO INTERNACIONAL POR MEIO DOS REGULAMENTOS E PADRÕES PRIVADOS

2021 ◽  
Vol 16 (1) ◽  
pp. 201-220
Author(s):  
Patricia Yurie Dias
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Wto Dispute Settlement ◽  
Private Standards ◽  
Complementary Role ◽  
The World

RESUMOO trabalho analisa o papel complementar dos regulamentos e padrões privados dos Estados e das entidades não estatais às regras da Organização Mundial do Comércio (OMC) com o intuito de gerar maior segurança e qualidade para os produtos no âmbito do comércio internacional. A OMC visa promover a liberalização e eliminação da discriminação do comércio internacional. Dessa forma, por meio do estudo de alguns casos submetidos ao Órgão de Solução de Controvérsias (OSC) da OMC, em que pese a maioria dos casos submetidos ao OSC terem tido desfechos distintos, constatou-se que os padrões privados podem complementar as regras da OMC, desde que não sejam medidas protecionistas  disfarçadas de barreiras não tarifárias ao comércio internacional.PALAVRAS-CHAVE: Direito Internacional; Jurisdição Internacional; Padrões privados; Comércio Internacional; OMC.ABSTRACTThe paper examines the complementary role of the private regulations and standards of States and non-state entities to the rules of the World Trade Organization (WTO) in order to promote safety and quality for products in the scope of international trade. The WTO aims to promote the liberalization and elimination of discrimination in international trade. Thus, through the study of some cases submitted to the WTO Dispute Settlement Body (DSB), despite the fact that most cases submitted to the DSB had different conclusions, it was found that private standards can complement the rules of the WTO, if they are not protectionist measures disguised as non-tariff barriers to international trade.KEYWORDS: International Law; International Jurisdiction; Private Standards; International Trade; WTO.

scholarly journals Role of the WTO in the Development of International Trade and Economic Sustainability

2021 ◽  
Vol 3 (21) ◽  
pp. 82-89
Author(s):  
Giga Abuseridze
Keyword(s):  
International Trade ◽  
Fair Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
Political Stability ◽  
World Trade Organisation ◽  
Economic Sustainability ◽  
Economic Stability ◽  
Democratic Principles

In the article, the role of the World Trade Organisation (WTO) in the development of international trade and economic sustainability has been analysed. The author explores specific challenges / factors that affect economic sustainability and fair trade as well as political economy of trade and negotiations as the tools of the WTO. It is argued that economic stability and the process of democratisation are essential to ensure international and fair trade. Under democracies those countries are implied where the rate of economic stability is high according to the principles established by international norms, i.e. where market economy, internal democracy, transparent trade system, human rights, trade neutrality, etc. are observed. Almost every country where these democratic norms are applied has trade partnerships with the others rather than conflicts. For international trade to occur it is essential to have a competitive market system in a country since competition is a characteristic feature of international trade that can be safeguarded through observation of democratic principles and political stability. Development of free trade by the WTO depends precisely on implementation of these fundamental principles. In view of the abovementioned factors, the article quite legitimately studies interconnection between the WTO and economic sustainability. Keywords: Agreement on Trade-Related Aspects of Intellectual Property Rights, dispute settlement understanding, general agreements on tariffs and trade, regional trade agreements, World Trade Organisation.

scholarly journals The Role of Public International Law in the WTO: How Far Can We Go?

2001 ◽  
Vol 95 (3) ◽  
pp. 535-578 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Public International Law ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Law ◽  
The Relationship

How does the World Trade Organization (WTO) relate to the wider corpus of public international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two difficult questions. No straightforward answers to them can be found in WTO rules. Yet answering them has major ramifications both for the WTO (is the WTO a largely “self-contained regime” or is it not?) and for international law (is the future of international law further fragmentation or increased unity?). This exercise will be conducted under the law as it stands today—that is, the law as it may be invoked at present before the WTO “judiciary” (panels and the Appellate Body). Of course, WTO members (viz., the WTO “legislator”) could clarify or change the relationship between WTO rules and other rules of international law. However, it is unlikely that such changes will occur any time soon. In part I, I examine the general relationship between public international law and WTO law. I then assess, more specifically, the role of public international law in WTO dispute settlement in part II and offer some conclusions in part III.

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