The Role of Legal Counsel and Dispute Settlement

2004 ◽  
pp. 151-159
Author(s):  
Sivakant TIWARI
Keyword(s):  
Dispute Settlement ◽  
Legal Counsel

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.

Towards a Critical Political Economy of Global Health

2018 ◽  
pp. 468-490
Author(s):  
Ted Schrecker
Keyword(s):  
Political Economy ◽  
Food Systems ◽  
Structural Adjustment ◽  
Dispute Settlement ◽  
Case Examples ◽  
Transnational Actors ◽  
Global North ◽  
North And South ◽  
Trade And Investment

This chapter begins with a conception of political economy that foregrounds unequal distributions of power and resources and the role of transnational actors and processes. Two specific case examples are described in some detail: (1) the structural adjustment conditionalities demanded by the international financial institutions roughly post-1980 and their impacts on health systems and social determinants of health and (2) the connections between trade and investment liberalization and health outcomes, with a focus on harmonization of intellectual property protection regimes, on food systems, and generically of the incorporation of investor-state dispute settlement (ISDS) mechanisms in many bilateral and regional agreements. The chapter concludes by identifying two directions for future inquiry: the erosion of familiar distinctions between global North and South and the normative implications of the proliferation of cross border influences on health.

European Legal Culture and WTO Dispute Settlement: Thirty Years of Socio-Legal Transplants from Brussels to Geneva

2020 ◽  
Vol 19 (1) ◽  
pp. 107-133
Author(s):  
Tommaso Soave
Keyword(s):  
Significant Contribution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
The Self ◽  
Political Environment ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The Social ◽  
Trade Measures

Abstract This article argues that the legal culture of EC/EU institutions has made a significant contribution to the ethos, the style, and the tone of WTO dispute settlement bodies. Areas of alignment between the two regimes include the self-perceived role of adjudicators vis-à-vis their political environment and the jurisprudence on the ‘necessity’ of non-trade measures. Based on these premises, the article traces some of the social and professional pathways through which European sensibilities and perspectives have found their way from Brussels (and Luxembourg) to Geneva. In particular, it describes the convergent trajectories of the EC/EU and the GATT/WTO professional communities. The goal of the analysis is to provide a fresh outlook on the ongoing diplomatic stalemate surrounding the future of the Appellate Body and WTO dispute settlement at large.

scholarly journals European Communities – Measures Affecting the Approval and Marketing of Biotech Products

2009 ◽  
Vol 8 (1) ◽  
pp. 49-83 ◽  
Author(s):  
ROBERT L. HOWSE ◽  
HENRIK HORN
Keyword(s):  
Public Perception ◽  
Dispute Settlement ◽  
Settlement System ◽  
Political Issue ◽  
Wto Dispute Settlement ◽  
Impossible Task ◽  
Dispute Settlement System ◽  
Regulatory Controls ◽  
Biotech Products

AbstractThe EC-Biotech dispute exposed the WTO dispute settlement system to a more challenging test than any previous dispute. Not only did the Panel have to take a stand on the limits of science, or technocratic regulatory controls, to protect against objective risk, but in this regard faced more complex issues than ever addressed before by an adjudicating body. The dispute also concerned an extremely charged political issue, partly because of inherent ethical sensitivities with regard to foodstuffs, partly due to public skepticism about the role of science, and partly due to a common public perception of the complaint as being driven by the interests of an untrustworthy industry. Because of these and other challenges, the Panel faced an almost impossible task. This paper discusses how the Panel addressed some of these issues. The recently (after our report was drafted) decided appeal in EC–Hormones Suspension is likely to reduce the significance for WTO jurisprudence of some of the Panel's findings in EC–Biotech, given the apparently different approach of the AB to fundamental interpretative issues under SPS concerning the meaning of risk assessment and precaution.

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