scholarly journals A RELAÇÃO ENTRE ESTADO E AS ENTIDADES PRIVADAS NA REGULAÇÃO DO COMÉRCIO INTERNACIONAL POR MEIO DOS REGULAMENTOS E PADRÕES PRIVADOS

2021 ◽  
Vol 16 (1) ◽  
pp. 201-220
Author(s):  
Patricia Yurie Dias
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Wto Dispute Settlement ◽  
Private Standards ◽  
Complementary Role ◽  
The World

RESUMOO trabalho analisa o papel complementar dos regulamentos e padrões privados dos Estados e das entidades não estatais às regras da Organização Mundial do Comércio (OMC) com o intuito de gerar maior segurança e qualidade para os produtos no âmbito do comércio internacional. A OMC visa promover a liberalização e eliminação da discriminação do comércio internacional. Dessa forma, por meio do estudo de alguns casos submetidos ao Órgão de Solução de Controvérsias (OSC) da OMC, em que pese a maioria dos casos submetidos ao OSC terem tido desfechos distintos, constatou-se que os padrões privados podem complementar as regras da OMC, desde que não sejam medidas protecionistas  disfarçadas de barreiras não tarifárias ao comércio internacional.PALAVRAS-CHAVE: Direito Internacional; Jurisdição Internacional; Padrões privados; Comércio Internacional; OMC.ABSTRACTThe paper examines the complementary role of the private regulations and standards of States and non-state entities to the rules of the World Trade Organization (WTO) in order to promote safety and quality for products in the scope of international trade. The WTO aims to promote the liberalization and elimination of discrimination in international trade. Thus, through the study of some cases submitted to the WTO Dispute Settlement Body (DSB), despite the fact that most cases submitted to the DSB had different conclusions, it was found that private standards can complement the rules of the WTO, if they are not protectionist measures disguised as non-tariff barriers to international trade.KEYWORDS: International Law; International Jurisdiction; Private Standards; International Trade; WTO.

scholarly journals The Law on State Responsibility and the World Trade Organization

2021 ◽  
Vol 22 (5-6) ◽  
pp. 759-803
Author(s):  
Anna Ventouratou
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
State Responsibility ◽  
Vienna Convention ◽  
The World ◽  
The Law

Abstract This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.

Principles of International Law in The WTO Dispute Settlement Body

2001 ◽  
Vol 50 (2) ◽  
pp. 248-298 ◽  
Author(s):  
James Cameron ◽  
Kevin R. Gray
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Member States ◽  
Trade Regime ◽  
Wto Dispute Settlement ◽  
The World

Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1 covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.

Human Rights, Constitutionalism and the World Trade Organization: Challenges for World Trade Organization Jurisprudence and Civil Society

2006 ◽  
Vol 19 (3) ◽  
pp. 633-667 ◽  
Author(s):  
ERNST-ULRICH PETERSMANN
Keyword(s):  
Human Rights ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Director General ◽  
Trade Disputes ◽  
Trade Law ◽  
Wto Dispute Settlement ◽  
The World

Governments perceive UN human rights conventions and the law of the World Trade Organization (WTO) as separate legal regimes. WTO jurisprudence, by contrast, interprets WTO rules as parts of international law and may soon be confronted with legal claims that WTO obligations are to be construed with due regard to the human rights obligations of WTO members. The diverse constitutional traditions of WTO members, and their political opposition to linking WTO law to human rights, make it unlikely that WTO members will respond to the UN proposals for a ‘human rights approach to trade’ by adopting a WTO Declaration clarifying that WTO rules are flexible enough to be interpreted and applied in conformity with the human rights obligations of WTO members (section 1). Following the invitation by WTO Director-General Pascal Lamy to form ‘cosmopolitan constituencies’ in support of global public goods (like a rules-based world trading system), this article makes concrete proposals for the initiative by the International Law Association (ILA) to elaborate an ILA Declaration clarifying the complex interrelationships between trade law, human rights and WTO jurisprudence (section 2). As many human rights arguments presented in trade disputes in the EC Court and in the European Court of Human Rights could likewise be raised in WTO dispute settlement proceedings, the article examines whether the ‘constitutional methodologies’ applied by European courts offer lessons for further ‘constitutionalizing’ trade governance in the WTO in conformity with the human rights obligations of all WTO members.

scholarly journals The Role of Public International Law in the WTO: How Far Can We Go?

2001 ◽  
Vol 95 (3) ◽  
pp. 535-578 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Public International Law ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Law ◽  
The Relationship

How does the World Trade Organization (WTO) relate to the wider corpus of public international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two difficult questions. No straightforward answers to them can be found in WTO rules. Yet answering them has major ramifications both for the WTO (is the WTO a largely “self-contained regime” or is it not?) and for international law (is the future of international law further fragmentation or increased unity?). This exercise will be conducted under the law as it stands today—that is, the law as it may be invoked at present before the WTO “judiciary” (panels and the Appellate Body). Of course, WTO members (viz., the WTO “legislator”) could clarify or change the relationship between WTO rules and other rules of international law. However, it is unlikely that such changes will occur any time soon. In part I, I examine the general relationship between public international law and WTO law. I then assess, more specifically, the role of public international law in WTO dispute settlement in part II and offer some conclusions in part III.

Commentary on the Doha Round: Institutional Issues

2005 ◽  
Vol 5 (4) ◽  
pp. 1850065
Author(s):  
Debra P Steger
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Uruguay Round ◽  
Doha Round ◽  
Appellate Body ◽  
The World ◽  
The University

Commentary on Robert Howse's article "WTO Governance and the Doha Round." Debra Steger is Executive in Residence at the University of Ottawa Faculty of Law where she is working to establish a new institute for international law, economy and security in Canada. Previously, she was Senior Counsel with Thomas & Partners, a law firm specializing in international trade and investment matters. From 1995-2001, she served as the founding Director of the Appellate Body Secretariat of the World Trade Organization in Geneva, Switzerland, during which time she helped to establish the Appellate Body as the first appellate tribunal in international trade. She is Chair of the Trade and Customs Law Committee of the International Bar Association, and has been on the executive of the Trade Committee of the International Law Association for the past 10 years. She is also a member of the Editorial Advisory Board of the Journal for International Economic Law. She participates on the Advisory Council of the UNCTAD Project on Building Capacity through Training in Dispute Settlement in International Trade Investment and Intellectual Property as well as the Governing Council of the World Trade Law Association. During the Uruguay Round of Multilateral Trade Negotiations, she was the Senior Negotiator for Canada on Dispute Settlement and the Establishment of the World Trade Organization as well as the Principal Legal Counsel to the Government of Canada for all of the Uruguay Round agreements. From 1991—1995, she was General Counsel of the Canadian International Trade Tribunal in Ottawa, the agency responsible for administering the antidumping, countervail, safeguards, and government procurement legislation in Canada. Her most recent book is entitled: “Peace Through Trade: Building the WTO” which was published by Cameron May International Legal Publishers in 2004. Steger holds an LL.M. from the University of Michigan Law School, an LL.B. from the University of Victoria Faculty of Law, and a B.A. (Honours) in History from the University of British Columbia.

Conclusion

2019 ◽  
pp. 312-332
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Unintended Consequences ◽  
Institutional Changes ◽  
Wto Dispute Settlement ◽  
The World ◽  
International Adjudication ◽  
Dispute Settlement System

The present chapter concludes the work. It sums up the key findings of the study while discussing the results emerging from a comparative analysis of the three categories of disputes examined throughout the book. The chapter then revisits the central arguments put forth in the book and articulates the lessons to be learned for the study of the goals, operation, and effectiveness of the World Trade Organization (WTO) Dispute Settlement System (DSS), and of international courts more broadly. It also discusses some of the insights to be offered with respect to possible institutional changes or reforms of the WTO DSS, with a view to ensuring the system’s future effectiveness. The chapter closes with several observations that go beyond effectiveness, pertaining to the costs and unintended consequences attendant on more effective and empowered international adjudication.

Ways out of the Globalization Trilemma

2019 ◽  
Author(s):  
Carsten Herrmann-Pillath
Keyword(s):  
International Economic ◽  
International Trade ◽  
Civil Society ◽  
Trade Policy ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Policy Issues ◽  
The World ◽  
Operational Criterion

Based on Rodrik’s diagnosis of a “globalization trilemma” in designing the institutions of international economic exchange, this chapter suggests a solution that applies Sen’s argument favoring realization-focused comparisons over transcendental institutionalism in evaluating institutions. In the paradigm of deliberative trade policy, this contribution approaches the World Trade Organization (WTO) as a regime of deliberation, reaching beyond the scope of interactions with civil society. This prepares the ground for normative principles of WTO reform that shift the emphasis from efficiency to justice, mainly in the procedural sense. The central operational criterion is the inclusiveness of international trade and trade policy. This is applied on the issues of multilateralism versus regionalism and the design of the dispute settlement process. A WTO renewed under the auspices of deliberative trade policy can meet the challenges of new trade policy issues such as coordination of regulatory regimes under the conditions of rapid and unpredictable technological change, and can resolve the tension between democracy and globalization as laid out in the globalization trilemma.

The Aircraft Cases: Canada and Brazil

2002 ◽  
Vol 39 ◽  
pp. 387-431
Author(s):  
Rambod Behboodi
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Export Performance ◽  
Differential Treatment ◽  
Aircraft Industry ◽  
Wto Dispute Settlement ◽  
Export Subsidies ◽  
The World ◽  
First Time

SummaryThe disputes between Canada and Brazil over subsidies to the regional aircraft industry were the first cases under Part II (covering prohibited subsidies) of the Agreement on Subsidies and Countervailing Duties (SCM Agreement) of the World Trade Organization (WTO). The PROEX case, involved the scope of the concept of “special and differential treatment” under Article 27 of the SCM Agreement, and the interpretation of the first paragraph of Item (k) of the Illustrative List of Export Subsidies as set out in Annex I to the SCM Agreement. The Canada — Aircraft case involved, for the first time, Article 1 of the SCM Agreement, which defines what practices constitute a subsidy, and Article 3, which prohibits subsidies “contingent, in law or in fact, upon export performance.” The case also dealt with important procedural issues relating to WTO dispute settlement. The author reviews critically these decisions with respect to both substantive and procedural issues.

John Jackson and WTO Dispute Settlement

2016 ◽  
Vol 15 (3) ◽  
pp. 404-406
Author(s):  
WILLIAM J. DAVEY
Keyword(s):  
International Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
Law School ◽  
Economic Relations ◽  
Trade Law ◽  
The Bible ◽  
International Trade Law ◽  
Wto Dispute Settlement ◽  
The World

John Jackson bestrode the world of international trade law like a Colossus. His 1969 treatise on World Trade and the Law of GATT was called the bible of GATT law. His 1977 casebook on Legal Problems of International Economic Relations created a new law school course and introduced thousands of students around the globe to international trade law. It was the leading international trade law casebook for decades, and his students went on to positions of responsibility throughout the world in governments, international organizations, and private practice. His analysis of GATT infirmities convinced certain influential governments to push for a new international trade organization, which eventually saw life as the World Trade Organization. It was a great honor for me to have been associated with John for over thirty years. Indeed, his 1985 invitation to join as a co-author of the casebook after my first year in law teaching undoubtedly saved me many years of drudgery as a corporate/securities law scholar. Thus, I am pleased to offer some thoughts on John's influence on dispute settlement under GATT and the WTO.

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