The Appellate Body's GSP decision

2004 ◽  
Vol 3 (2) ◽  
pp. 239-265 ◽  
Author(s):  
STEVE CHARNOVITZ ◽  
LORAND BARTELS ◽  
ROBERT HOWSE ◽  
JANE BRADLEY ◽  
JOOST PAUWELYN ◽  
...  
Keyword(s):  
Third Party ◽  
Highly Qualified ◽  
Panel Report ◽  
World Community ◽  
Appellate Body ◽  
Key Points ◽  
The World ◽  
Party Support

CHARNOVITZ: The Appellate Body's decision in the Tariff Preferences case demonstrates the value of a second-level review of panel decisions. Notwithstanding the composition of the panel – which was as highly qualified, balanced, and diverse as any panel could possibly be – the panel issued a decision that met widespread disapproval. In what is probably a record for third-party support of the plaintiff, eight countries asked the Appellate Body to reverse key points. Happily, the Appellate Body did reverse many of the troubling holdings in the panel report. Unhappily for the world community, the Appellate Body did not have an opportunity to review the panel's interpretation of GATT Article XX, which (like many previous panels) has chiseled away at vital exceptions.

Investor-State Arbitration: Proportionality's New Frontier

2010 ◽  
Vol 4 (1) ◽  
pp. 48-76 ◽  
Author(s):  
Alec Stone Sweet
Keyword(s):  
World Trade ◽  
Historical Development ◽  
Political Legitimacy ◽  
Third Party ◽  
Crucial Point ◽  
Social Scientists ◽  
Appellate Body ◽  
New Frontier ◽  
The World ◽  
New Institutions

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID) is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.

scholarly journals CURRENT TRENDS OF AUTOTRANSPORT INSURANCE IN UKRAINE

2021 ◽  
pp. 94-107
Author(s):  
Olena MARTSENIUK
Keyword(s):  
Civil Liability ◽  
Road Transport ◽  
Legal Regulation ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
World Community ◽  
Land Vehicles ◽  
The World ◽  
Car Insurance

The research of the article is aimed at highlighting the essence and features of the functioning of the car insurance market in Ukraine. The study found that motor insurance is associated with profound economic and social changes in society due to mass motorization, the growth of the car fleet and traffic intensity, as well as huge material losses as a result of road accidents. It should be noted that freight transport is developing quite rapidly both within the country and abroad. At the same time, an increase in the number of intercity bus transportation, excursion and tourist bus services has been established, and as a result, international motor tourism is growing. It is proved that these factors contribute to the growth of accidents, losses in the transportation of goods, increase accidents with passengers and pedestrians on highways and, accordingly, material and social losses of society, population, commercial and government agencies. It is substantiated that insurance in general and civil liability insurance, as its integral part, is an infrastructure that helps to increase the efficiency of all areas of business. This determines the importance of the development of all types of insurance in Ukraine, taking into account the process of integration into the world community. It is established that the development of insurance market in our country should be based on the study and balanced use of experience of industrialized countries with long traditions in the insurance market, legal regulation of insurers and diversification of various types of insurance. However, it should be borne in mind that the world community has invented universal means of compensation, which is the most popular type of liability insurance worldwide – is the insurance of civil liability of owners of land vehicles. It provides for the payment of monetary compensation to the victim in the amount that would be collected from the owner of the vehicle on a civil lawsuit in favor of a third party for damage to life and health, as well as for damage or loss of property due to an accident or other road – transport accident due to the fault of the insured. Given the state and prospects of motorization in our country, as well as foreign experience in insurance market, we can say with confidence that liability insurance is one of the leading areas among other types of insurance. However, in its organization and implementation there are many different problems of legal, social, economic and organizational type. Recommendations on the prospects for the development of civil liability insurance of owners of land vehicles in Ukraine are given.

Three's a Crowd: Third Parties and WTO Dispute Settlement

2006 ◽  
Vol 58 (3) ◽  
pp. 446-477 ◽  
Author(s):  
Marc L. Busch ◽  
Eric Reinhardt
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Selection Effect ◽  
Third Parties ◽  
Third Party ◽  
Data Set ◽  
Wto Dispute Settlement ◽  
Early Settlement ◽  
The World ◽  
Party Support

Disputes filed at the World Trade Organization (WTO) are attracting a growing number of third parties. Most observers argue that their participation influences the institution's rulings. The authors argue that third parties undermine pretrial negotiations; their influence on rulings is conditioned by this selection effect. They test their hypotheses, along with the conventional wisdom, using a data set of WTO disputes initiated through 2002. Consistent with the authors' argument, they find that third-party participationlowersthe prospects for early settlement. Controlling for this selection effect, the evidence also suggests that third-party support increases the chances of a legal victory at the WTO.

Why Not Bargain? The Domestic Politics of Utilizing the World Trade Organization’s Dispute Settlement Mechanism

2020 ◽  
pp. 003232172097834
Author(s):  
Sijeong Lim ◽  
Hyo Won Lee
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Domestic Politics ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Strategic Choices ◽  
Appellate Body ◽  
Political Interests ◽  
The World ◽  
Settlement Mechanism

The World Trade Organization’s dispute settlement mechanism is based on either bilateral bargaining or third-party rulings by a panel or the Appellate Body. When do countries utilize the multilateral procedure, and under what conditions do they opt for a bilateral agreement? Departing from previous studies emphasizing the role of the complainant in shaping the course of the dispute settlement mechanism, this article offers an explanation based on the strategic choices of respondents. This study suggests that the domestic political interests of respondent governments determine the use of the dispute settlement mechanism’s multilateral track. We argue that respondent governments choose the multilateral track to seek political cover for domestically unpopular concessions to a complainant. Such cover is required when (1) the dispute at stake has high public salience and (2) the respondent faces an upcoming election. Our hypotheses are tested using World Trade Organization’s dispute cases from 1995 to 2017.

Judicial Lawmaking at the WTO: Discursive, Constitutional, and Political Constraints

2004 ◽  
Vol 98 (2) ◽  
pp. 247-275 ◽  
Author(s):  
Richard H. Steinberg
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Panel Report ◽  
Political Constraints ◽  
Appellate Body ◽  
The World ◽  
Judicial Lawmaking ◽  
Rule Breaking ◽  
Legal Force

Since the establishment of the World Trade Organization (WTO), commentators have debated the wisdom of replacing the model of political-diplomatic dispute settlement under the General Agreement on Tariffs and Trade (GATT) with a model of legalized dispute settlement. Under the GATT model, a dispute settlement panel report could be given full legal force only if adopted by a consensus of GATT Contracting Parties, including the party that lost the case. Under the WTO model, a report of the panel or the Appellate Body is adopted automatically unless WTO members, including the prevailing member, decide by consensus to block it, which is sometimes referred to as “negative consensus.” Many analysts whose work has focused on the politics of dispute settlement have emphasized the success, political flexibility, and apparent sustainability of the older model and cautioned that the legalized approach might be too cumbersome in various political contexts. Those favoring the legalized approach have emphasized its legitimizing capacity and potential to constrain more powerful WTO members from engaging in unilateral or rule-breaking behavior.

Exploring the World Trade Organisation's Trade and Environment/Public Health Jurisprudence as a Model for Incorporating a Trade–Labour Linkage into the Organisation's Multilateral Trade Regime: Should African Countries Accept a Policy Shift?

2017 ◽  
Vol 25 (1) ◽  
pp. 47-65
Author(s):  
Tapiwa V. Warikandwa ◽  
Patrick C. Osode
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
World Trade ◽  
African Countries ◽  
Trade Regime ◽  
Multilateral Trade ◽  
Appellate Body ◽  
The World ◽  
Labour Standards ◽  
The Impact

The incorporation of a trade-labour (standards) linkage into the multilateral trade regime of the World Trade Organisation (WTO) has been persistently opposed by developing countries, including those in Africa, on the grounds that it has the potential to weaken their competitive advantage. For that reason, low levels of compliance with core labour standards have been viewed as acceptable by African countries. However, with the impact of WTO agreements growing increasingly broader and deeper for the weaker and vulnerable economies of developing countries, the jurisprudence developed by the WTO Panels and Appellate Body regarding a trade-environment/public health linkage has the potential to address the concerns of developing countries regarding the potential negative effects of a trade-labour linkage. This article argues that the pertinent WTO Panel and Appellate Body decisions could advance the prospects of establishing a linkage of global trade participation to labour standards without any harm befalling developing countries.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

THE ROLE OF SOCIAL PARTNERSHIP IN THE DEVELOPMENT OF INCLUSIVE EDUCATION

2020 ◽  
Vol 7 (3) ◽  
pp. 81-88
Author(s):  
Enakhon Nishanbaeva ◽  
◽  
Abdulla Abdukhalilov
Keyword(s):  
Inclusive Education ◽  
Social Partnership ◽  
World Community ◽  
The World

Today, one of the most urgent tasks of the world community is the development of inclusive education. It should be noted that social partnership is of great importance in the development of inclusive education. Through social partnership, it is possible to establish constructive relations between various interested groups in the field of inclusive education.

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