Legislative and Judicial Decision Making in the World Trade Organization

Author(s):  
Dirk De Bièvre
2005 ◽  
Vol 8 (1) ◽  
pp. 51-75 ◽  
Author(s):  
Claus-Dieter Ehlermann ◽  
Lothar Ehring

2019 ◽  
Vol 4 (8) ◽  
pp. 121-125
Author(s):  
Nino Parsadanishvili

resent paper focuses on current crises in international trade in services negotiations from the perspective of consideration of trading interests of developing and least developed countries in line with the operational agenda of the World Trade Organization (WTO). Through the analysis of the existing international legal texts and scholarly works particular attention is paid to the different rounds of trade in services negotiations in parallel to the consideration of the results of relevant ministerial conferences of the World Trade Organization, drawing attention to the situation with regards of consideration of the interests of developing and least developed country members of the WTO. Special focus is paid to the complexity of the decision making process and it’s complication over time due to increased participation of parties concerned in the process of trade in services negotiations resulting in no progress in the overall process. Next to analyzing the challenges faced by the WTO in trade in services negotiations, especially in terms of considering the interests of developing and least developed countries, paper shows the ways that could be used during 2020 Kazakhstan Ministerial Conference of the World Trade Organization for finding solutions to simplify the decision making process and establish freer international trade in services by the way of either implying new approaches in interpreting the existing multilateral treaties that deal with trade in services between all member states of the WTO or deepening the discussions on a new plurilateral agreement helping the organization to overcome the stagnated process of trade in services negotiations and therefore ensuring the compliance with it’s own operational goals.


Author(s):  
Christiane Gerstetter

This chapter analyses how the World Trade Organization (WTO) dispute settlement bodies legitimize their decisions and by implication also the WTO Dispute Settlement System as well as the WTO as an institution more broadly. The author argues there are two relevant dimensions for understanding how judges legitimize judicial decisions: the substantive outcomes of cases, that is who wins and loses and what interpretations are adopted, and the way a judicial decision is justified. She concludes that the WTO dispute settlement bodies act strategically in order to win the acceptance of the member states, and ultimately legitimize this dispute settlement system as a judicial entity.


2019 ◽  
Vol 22 (3) ◽  
pp. 459-482
Author(s):  
Cherise Valles ◽  
Vitaliy Pogoretskyy ◽  
Tatiana Yanguas

ABSTRACT Disputes in the World Trade Organization (WTO) involving the challenge of unwritten measures have increased in recent years. This trend may have been encouraged by the successful challenge of Argentina’s ‘managed trade policy’ as an ‘overarching unwritten measure’ in Argentina—Import Measures. Advancing a claim against an unwritten measure, however, is not an easy undertaking. These measures are not embodied in any law, administrative regulation or judicial decision. Their very existence and precise contours are, therefore, uncertain and must be proven with evidence, which may not necessarily be readily available. The uncertain nature of unwritten measures makes the dispute settlement process significantly more complicated for the complainant, the respondent and the WTO adjudicators. Despite the difficulties in challenging, defending and adjudicating unwritten measures, relatively little has been written on this subject. This article discusses the types of trade concerns that could be challenged as ‘unwritten measures’, and the different legal characterizations (analytical tools) that have been used to challenge these trade concerns in the WTO. The article further explores the practical difficulties that have been encountered in challenges against unwritten measures and how these difficulties have sometimes, but not always, been overcome. The article concludes that there is a lack of clarity as to the correct legal standard that must be applied in the challenge of different types of unwritten measures. There is more work to be done to clarify the applicable legal standards and the types of evidence required to substantiate the existence of unwritten measures.


Author(s):  
Yves Bonzon ◽  
Manfred Elsig ◽  
Marina Foltea ◽  
Thomas Messerli ◽  
Andreas Ziegler

2018 ◽  
Vol 7 (2) ◽  
pp. 300-333
Author(s):  
Patrícia Nasser de Carvalho

Desde a institucionalização da Organização Mundial do Comércio (OMC), em 1995, ficaram evidentes as suas importantes conquistas na promoção do livre comércio e na gestão das regulações de bases multilaterais do Sistema de Comércio Internacional. No entanto, desde a última rodada (ainda em curso) de negociações da OMC, iniciada em 2001, em Doha, também foram revelados diversos impasses, que provocaram lentidão no avanço de entendimentos, parcos resultados no processo decisório e falta de interesse político dos seus membros. Esses obstáculos deixaram um vácuo no Sistema de Comércio Internacional multilateral, que vem sendo preenchido pelos Acordos preferenciais de comércio (APCs), ou seja, a opção dos países, em sua maioria membros da OMC, por barganhar APCs, neste início de século está intrinsicamente ligada às dificuldades encontradas por eles em concluir acordos satisfatórios nas rodadas de negociações comerciais multilaterais. No início do século XXI, a ampliação do número de APCs se dá a um ritmo de crescimento inigualável em todas as regiões do mundo. A partir de uma discussão pautada na perspectiva da Economia Política Internacional, os objetivos deste trabalho são: a) discutir os principais impasses no Sistema de Comércio Internacional multilateral, tendo em vista as dificuldades enfrentadas pela OMC ao longo das últimas duas décadas; b) a partir da análise dos dados disponíveis, identificar as principais configurações e tendências da proliferação de APCs no mundo, processos que se que intensificam na década de 1990, mas que ganharam mais fôlego no início do século XXI e formam estruturas normativas distintas da OMC.   Abstract: Since the institutionalization of the World Trade Organization (WTO), in 1995, its important achievements in the promotion of free trade and in the management of the regulations of multilateral bases of the International Trade System have been evident. However, since the last round (still in progress) of the WTO negotiations, which had begun in Doha in 2001, a number of deadlocks were also been revealed, which have resulted in slow progress in understandings, lack of results in the decision-making process and lack of political interest of its members. However, a number of deadlocks have also been revealed, which have led to slow progress in understanding, poor results in the decision-making process and lack of political interest of its members. These obstacles have left a vacuum in the multilateral International Trade System, which is being filled by the Preferential Trade Agreements (PTAs). This is the option of countries, mostly of them WTO members, to bargain PTAs, is intrinsically linked to the constraints they encountered in concluding satisfactory agreements in the rounds of multilateral trade negotiations. At the beginning of the 21st century, the expansion of the number of PTAs is at an unequaled growth rate in all regions of the world. From a discussion based on the perspective of International Political Economy, the objectives of this work are: a) to discuss the main deadlocks in the multilateral International Trade System in this century, given the difficulties faced by the WTO over the last two decades; b) from the analysis of the available data, to identify the main configurations and trends of the proliferation of PTAs in the world, processes that have been intensified since the 1990s, but have been a growing trend in the 21st century and taking different normative structures other than the WTO. Keywords: World Trade Organization (WTO); International Trade; Preferential Trade Agreements; International Trade System.     Recebido em: maio/2018 Aprovado em: agosto/2018


2004 ◽  
Vol 56 (1) ◽  
pp. 93-113
Author(s):  
Ivana Popovic-Petrovic

The establishment of the International Trade Organisation was aimed at completing the process of institutionalisation of the international economic relations. The process began at Bretton Woods in 1944 with the establishment of The International Monetary Fund and the International Bank for Reconstruction and Development. This integration entity was planned to become a foundation of the post-war order, and was going to have a broader influence and importance than the economic one. A third pillar of the International Trade Organization has never been established, but that is why the General Agreement on Tariffs and Trade (GATT) came into life. It is one of those agreements, whose nearly fifty-year duration had surpassed even the duration of some states. By carrying out trade negotiations, GATT adopted to new needs. However, the moment its integrity got questioned and such a special idea began to die out, the way was found to preserve the GATT achievements and to have the innovative approach join them. This was done with the establishment of the World Trade Organisation, as an international organisation that manages multilateral agreements in the area of trade (GATT), the trade of services (GATS) and the trade aspects of the intellectual property rights. The institution is of multinational and supranational character. It has its own structure that includes the Ministerial Conferences, the General Council and the Secretariat. The WTO continues a long tradition in GATT of seeking to make decisions not by voting but by consensus, although there are also "circles of decision making" that are gradually narrowing down with the degree of the achieved economic power. The WTO is today a primary concept whose main task is to work on bringing into practice the long-standing idea of free trade. In order to achieve this, it is necessary to abide by the basic principles which the WTO has four of. They are: non-discrimination, reciprocity, market approach and fair competition. If one draws a parallel between a product?s life cycle and GATT?s life, one can understand why GATT itself had reached its peak, but was also gradually surpassed. This is why the establishment of the World Trade Organization was a new opportunity to attain all that that GATT had not managed to attain, and to set new goals for the new century. With the establishment of the WTO, GATT was transformed into an organization, and its scopes were considerably broadened. According to the author, there are several challenges before the WTO. Primarily, the process of solving problems on a multilateral level should be continued. Also facing the still powerful forces fighting for the preservation of protectionism, more pronounced in industrial countries although present in developing ones, should be continued. Even if liberalized non-discriminatory trade and investment policy are achieved, the WTO will maintain its importance as a forum for talks on new areas and issues. Perhaps the biggest challenge in the WTO?s future is to work on further integration of developing countries into the world economic trends. The process of decision making itself is perhaps the best opportunity to show to the developing countries that something has changed, the author concludes.


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