Critical Analysis of the TPRM

2018 ◽  
Author(s):  
Mathias Kende
Keyword(s):  
Peer Review ◽  
Critical Analysis ◽  
Historical Development ◽  
Conceptual Development ◽  
Dispute Settlement ◽  
Participation Rates ◽  
Core Elements ◽  
Potential Link ◽  
International Trading ◽  
Naming And Shaming

This chapter covers the historical development of the WTO’s mechanism for peer review. It examines the conceptual development of peer review and distils typical core elements (objectives, structure, and participants) by looking at the IMF, the OECD, the FSB, the APRM, the UPR, and the UNFCCC and its Kyoto Protocol. These elements are then applied to analyse the historical advent of the TPRM. The analysis also covers the first five appraisals of the TPRM (1999, 2005, 2008, 2011, and 2013). For each of these, it examines the TPRM’s objectives (including its implementation of the naming and shaming objective and potential link(s) with the Dispute Settlement Body), its structure (focusing on individual reviews and on the yearly overviews of developments in the international trading environment), and on its participants (focusing on governmental attendance and participation rates, the evolving capacities of the WTO secretariat, and on the attitudes of discussants).

Introduction

2018 ◽  
Author(s):  
Mathias Kende
Keyword(s):  
Peer Review ◽  
Executive Summary ◽  
Actual Performance ◽  
Academic Literature ◽  
Specific Focus ◽  
International Trading ◽  
The Government ◽  
Naming And Shaming

The Introduction contains an executive summary of the book. It also encompasses some background highlighting the rationale for the book, detailing the still persistent lack of comprehensive academic literature on the TPRM and the need for further research with regard to the TPRM, both as an ‘understudied’ WTO entity and as a prime example of a mechanism for peer review, and an explanation with regard to the methodology, which aims to assess the TPRM’s historic and actual performance as the WTO’s system for peer review through a specific focus (1) on the implementation of the TPRM’s objectives (transparency and naming and shaming); (2) its evolving structures, thereby focusing on individual TPRs and on the yearly Overviews of Developments in the International Trading Environment; and (3) its participants, the government under review and its peers, the WTO Secretariat, and the discussant(s)).

The Trade Policy Review Mechanism

2018 ◽  
Author(s):  
Mathias Kende
Keyword(s):  
Trade Policy ◽  
Peer Review ◽  
Dispute Settlement ◽  
Historical Analysis ◽  
Tokyo Round ◽  
Policy Review ◽  
Core Elements ◽  
Review Mechanism ◽  
Gatt 1947 ◽  
Do So

This book is the first academic monograph to provide a critical analysis of the WTO’s Trade Policy Review Mechanism (TPRM). In order to do so, it first looks at the TPRM’s historical development into the WTO’s mechanism for peer review. In this context, the book provides a historical analysis of the concept of peer review and distils a peer review mechanism’s theoretical core elements in terms of objectives, structure and participants. It then applies these elements to the five defining institutional phases of the TPRM (Article X of the GATT (1947), the Tokyo Round negotiations resulting in the Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance (1979), the report ‘Trade Policies for a Better Future: Proposals for Action’ (1985), the Functioning of the GATT System (FOGS) negotiations (1986), and the provisional adaption of the TPRM during the Montreal mid-term review of the Uruguay Round (December 1988)). The book then measures to which degree the TPRM has been performing well as the WTO’s mechanism for peer review. In order to do so, it follows the first five institutionally mandated appraisals of the TPRM (1999, 2005, 2008, 2011, and 2013). The book concludes that the TPRM has functioned well but that its performance could and should be improved in order to remain politically relevant. In order to do so, it provides some recommendations which are tested against the background of the last (sixth) appraisal which precede the upcoming Eleventh WTO Ministerial Conference in Buenos Aires (December 2017).

scholarly journals Retracted Article: Historical development of IEQ in Danish dwellings - has energy efficiency requirements inhibited positive IEQ developments?

2019 ◽  
Vol 111 ◽  
pp. 02055
Author(s):  
Lasse Rohde ◽  
Tine Steen Larsen ◽  
Rasmus Lund Jensen ◽  
Kim Trangbæk Jønsson ◽  
Evangelina Loukou
Keyword(s):  
Energy Efficiency ◽  
Peer Review ◽  
Historical Development ◽  
Review Process ◽  
Peer Review Process ◽  
Retracted Article

This article is an accidental publication. It was accepted by the Guest Editors in charge of the peer-review process without the authors' final consent. The Guest Editors have given their approval for this decision.

Insanity and Divorce

1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
The Subject ◽  
The Law

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.

scholarly journals Data publication consensus and controversies

F1000Research ◽  
2014 ◽  
Vol 3 ◽  
pp. 94 ◽  
Author(s):  
John Kratz ◽  
Carly Strasser
Keyword(s):  
Peer Review ◽  
Journal Article ◽  
Full Range ◽  
Basic Data ◽  
Descriptive Data ◽  
Data Publication ◽  
The Core ◽  
Data Citation ◽  
Core Elements

The movement to bring datasets into the scholarly record as first class research products (validated, preserved, cited, and credited) has been inching forward for some time, but now the pace is quickening. As data publication venues proliferate, significant debate continues over formats, processes, and terminology. Here, we present an overview of data publication initiatives underway and the current conversation, highlighting points of consensus and issues still in contention. Data publication implementations differ in a variety of factors, including the kind of documentation, the location of the documentation relative to the data, and how the data is validated. Publishers may present data as supplemental material to a journal article, with a descriptive “data paper,” or independently. Complicating the situation, different initiatives and communities use the same terms to refer to distinct but overlapping concepts. For instance, the term published means that the data is publicly available and citable to virtually everyone, but it may or may not imply that the data has been peer-reviewed. In turn, what is meant by data peer review is far from defined; standards and processes encompass the full range employed in reviewing the literature, plus some novel variations. Basic data citation is a point of consensus, but the general agreement on the core elements of a dataset citation frays if the data is dynamic or part of a larger set. Even as data publication is being defined, some are looking past publication to other metaphors, notably “data as software,” for solutions to the more stubborn problems.

Commentary: The Advisory Opinion on the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights: Who Has the Last Word on Judicial Independence?

1999 ◽  
Vol 12 (4) ◽  
pp. 889-918 ◽  
Author(s):  
Hazel Fox
Keyword(s):  
Critical Analysis ◽  
Dispute Settlement ◽  
Judicial Independence ◽  
Advisory Opinion ◽  
Special Rapporteur ◽  
Legal Process ◽  
Legal Competence ◽  
Municipal Law ◽  
The Difference ◽  
Local Courts

A critical analysis, considering first, the legal competence and propriety of the Court in giving an opinion pursuant to the dispute settlement machinery of the Convention on the Privileges and Immunities of United Nations, whereby advisory jurisdiction over disputes of the UN is equated to contentious jurisdiction between consenting states; and second, the effect in municipal law of a state's obligation to respect the UN Secretary-General's certificate that a UN expert is entitled to immunity from legal process. The Court preserves resort to local courts but requires communication of the UN certificate and immunity to be dealt with expeditiously as a preliminary issue.

scholarly journals When is a Stranger a Constructive Trustee - A Critique of Recent Decisions

1969 ◽  
pp. 453
Author(s):  
Susan Barkehall Thomas
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
Conceptual Development ◽  
Recent Trend ◽  
Current Approach ◽  
Fiduciary Duty ◽  
Third Party ◽  
The Supreme Court ◽  
The Law ◽  
Context Specific

This article explores the conceptual development of third party liability for participation in a breach of fiduciary duty. The author provides a critical analysis of the foundations of third party liability in Canada and chronicles the evolution of context-specific liability tests. In particular, the tests for the liability of banks and directors are developed in their specific contexts. The author then provides a reasoned critique of the Supreme Court of Canada's recent trend towards context-independent tests. The author concludes by arguing that the current approach is inadequate and results in an incoherent framework for the law of third party liability in Canada.

scholarly journals The Many Faces of Peer Review

2022 ◽  
pp. 107-126
Author(s):  
Hanne Foss Hansen
Keyword(s):  
Decision Making ◽  
Peer Review ◽  
Institutional Changes ◽  
Educational Activities ◽  
The Many ◽  
Naming And Shaming ◽  
Over Time

AbstractIn academia peer review is an essential and multifarious form of evaluation in relation to both research and educational activities. Further, peer review practices are continuously developing alongside institutional changes and reforms. This chapter sheds light on how peer review as an evaluation concept has developed over time and discusses which roles peer review play today. A typology distinguishing between classical peer review, informed and standards-based peer review, modified peer review and extended peer review is developed. A finding is that peer review today is found with all these faces. Further, peer review practices play many roles, including decision-making, rewarding, naming and shaming, learning and improvement as well as legitimating activities and leadership.

scholarly journals Auto-Enrollment Pension in Poland: Impact on HRM Strategies and Pension Participation Rates

2021 ◽  
pp. 1-13
Author(s):  
Marek SZCZEPANSKI ◽  
Krzysztof KOLODZIEJCZYK
Keyword(s):  
Critical Analysis ◽  
Occupational Pension ◽  
Participation Rates ◽  
Preliminary Assessment ◽  
Pension Schemes ◽  
New Type

The study aims a critical analysis and preliminary assessment of chosen effects of the implementation of a new type of occupational pension schemes with automatic enrollment: the Employee Capital Plans (PPKs), successively has introduced in Poland since 2019.

scholarly journals Initial and continuing training of teachers mediating the development of educational practice: a historical-critical analysis

2021 ◽  
Vol 14 (33) ◽  
pp. e13737
Author(s):  
Elayna Maria Santos Sousa ◽  
Eliana de Sousa Alencar Marques
Keyword(s):  
Continuing Education ◽  
Critical Analysis ◽  
Historical Development ◽  
Professional Training ◽  
Educational Practice ◽  
Structured Interview ◽  
Initial Training ◽  
Public Network ◽  
The Face ◽  
The One

The article discusses results of research carried out with the aim of analyzing teachers' meanings about professional training, both initial and continuing. The research is based on the ideas of Vigotski and Espinosa about human development, in which two teachers who work in the municipal public network of Teresina-PI participated. The research instruments were a questionnaire and semi-structured interview. The analysis had the nuclei of meanings as a procedure. The analyzes indicate that, if, on the one hand, in the initial training, the appropriate knowledge helped in the professional development of the teachers, on the other hand, the continuing education has collaborated to keep them in a passive situation in the face of educational demands, because they remain dependent to tell them how to act professionally. The results also indicate that continuing education has the potential to remove teachers from the condition of passivity when it collaborates with the development of the conscience of this professional, in short, with their historical development.

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