Neither National Nor International: Trade Dispute Resolution between Taiwan and Hong Kong and Macau

2012 ◽  
pp. 261-289
Author(s):  
Nufaris Elisa

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.


1997 ◽  
Vol 91 (2) ◽  
pp. 268-313 ◽  
Author(s):  
Thomas J. Schoenbaum

Before 1991, the relationship between the protection of the environment and international trade was an arcane specialty that attracted little attention. In 1971 the GATT Council established a Working Group on Environmental Measures and International Trade. This group did not even meet for over twenty years.Everything changed with the decision in the Tuna/Dolphin I case, in which a GATT dispute resolution panel declared a United States embargo on tuna caught by fishing methods causing high dolphin mortality to be illegal. The Tuna/Dolphin I decision produced an explosion of rhetoric in both learned journals and the popular press. It was also a very interesting clash of very different “cultures,” trade specialists versus environmentalists. At die outset, neither group knew much about the other. Now, however, the legal and political issues have been identified and ventilated, mutual understanding has increased, and the process has begun to reconcile two values that are absolutely essential to the well-being of mankind: protection of the environment and international free trade.


2021 ◽  
Vol 20 (1) ◽  
pp. 166-190
Author(s):  
Andrea Hamann

Abstract The current column covers selected procedural and institutional developments in international trade dispute settlement in 2020. During the reporting period, World Trade Organization (WTO) dispute settlement has been facing unprecedented challenges due to the collapse of the Appellate Body. While this calls for a systemic reflection in the WTO forum regarding the future not only of appellate review but of the entire dispute settlement system, the current unavailability of the Appellate Body has triggered WTO Members into improvising temporary solutions. At the same time, some of them have equally seemed to turn to free trade agreements (FTAs) or otherwise to pursue solutions outside of the multilateral forum.


Author(s):  
Gary Lea

The author seeks to illustrate some of the ongoing problems that patents present for those seeking to standardize in the ICT field. The chapter illustrates these problems by drawing on patent and international trade disputes surrounding the rollout of IEEE 802.11 family (colloquially, “WiFi”) technologies during 2003 and 2004. It then presents several solutions including the introduction of a more systematic approach to dispute resolution by standards development organizations (SDOs) based around ADR procedures derived from the domain name Uniform Dispute Resolution Policy (UDRP), corresponding changes to dispute handling in international trade disputes and, in the long term, alternation to intellectual property laws to allow for appropriately-tailored standardization exceptions (at least at the level of interoperability).


1997 ◽  
Vol 151 ◽  
pp. 553-566
Author(s):  
Brian Hook

The legacy of the colonial administration of Hong Kong, viewed from the majority of constituencies in Britain, is chiefly formed from the characteristics of the territory on the eve of retrocession. This, it will be noted, is in sharp contrast to the views formed by both the Chinese Communist Party (CCP) and many Chinese observers. The British prefer to emphasize personal freedoms, the rule of law, the independence of the judiciary, the efficiency of government, the competitiveness of business, the preeminent status in international trade, the suppression of corruption, the quality of the engineering infrastructure, and the improving health and welfare provisions as essential characteristics of their legacy.Their Chinese counterparts are much more likely to hark back to the bad old days of national humiliation and imperialist exploitation, seeking to draw the attention of all compatriots to the historical significance of reunification.


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