scholarly journals Barrier To Entry Dalam Kebijakan Undang-Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal Menurut Putusan Dispute Settlement Body Nomor 484 Tentang Kasus Impor Daging Ayam Dan Olahan Daging Ayam Oleh Brazil

2020 ◽  
Vol 2 (1) ◽  
pp. 63-88
Author(s):  
Ahmad Farhan Hadad ◽  
Hasanudin Hasanudin ◽  
Indra Rahmatullah
Keyword(s):  
Dispute Settlement ◽  
Primary Sources ◽  
Secondary Source ◽  
Normative Approach ◽  
Secondary Sources ◽  
Trade Law ◽  
International Trade Law ◽  
Barrier To Entry ◽  
Binding Power ◽  
The Impact

The main problem in this article is how the implementation of halal product guarantees creates a barrier to entry based on Law Number 33 of 2014 concerning Halal Product Guarantee according to the Dispute Settlement Body Decision number 484. The research method uses a juridical normative approach. Juridical normative research has two sources of law, namely primary and secondary sources of law. Primary sources of law refer to the Dispute Settlement Body Decision Number 484 and Law Number 33 of 2014 concerning Halal Product Guarantee. The secondary source of law refers to the book by Huala Adolf entitled International Trade Law. The results of the study indicate that the Dispute Settlement Body decision has binding power for the Indonesian state because Indonesia is part of the WTO. This decision also gave the impact of creating uncertainty in the law, especially regarding the Halal Product Guarantee. The efforts of the Indonesian state to protect the Halal Product Guarantee by making an appeal to the Dispute Settlement Body, although the results are still not in accordance with what Indonesia wants.

Part IV The Impact of International Investment Law, 17 Investor–State Dispute Settlement

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Dispute Settlement ◽  
International Investment ◽  
Principal Characteristics ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
International Investment Agreements ◽  
Procedural Costs ◽  
New Generation ◽  
The Impact

This chapter studies investor–state dispute settlement (ISDS) in International Investment Agreements (IIAs), the primary method of which is investor–state arbitration. It outlines the nature of investor–state disputes and the main types of dispute settlement techniques. The chapter also considers the principal characteristics of investor–state arbitration and examines arbitration under the Washington Convention on Settlement of Investment Disputes between States and Nationals of Other States 1965 (the ICSID Convention), which established the International Centre for Settlement of Investment Disputes (ICSID). Most Bilateral Investment Treaties (BITs) refer to ICSID arbitration as the sole, or optional, method of dispute settlement. ICSID Tribunals have acted in a wide range of disputes, adopting expansive interpretations of personal and subject-matter jurisdiction. This has led to criticism that investor–state arbitration has become too pervasive and a threat to the states’ ‘right to regulate’, given the risk of high procedural costs and compensation. ‘New-generation’ IIAs have responded by limiting the jurisdiction of tribunals over investment disputes. Moreover, recourse to alternative dispute resolution (ADR) and dispute avoidance techniques is being encouraged. The United Nations Commission on International Trade Law (UNCITRAL) has also taken up ISDS reform and is in the process of formulating a multilateral reform package.

“Constitutionalization” and Dispute Settlement in the wto: National Security as an Issue of Competence

1999 ◽  
Vol 93 (2) ◽  
pp. 424-451 ◽  
Author(s):  
Hannes L. Schloemann ◽  
Stefan Ohlhoff
Keyword(s):  
National Security ◽  
Dispute Settlement ◽  
Uruguay Round ◽  
Significant Shift ◽  
Dispute Settlement Mechanism ◽  
Economic Relations ◽  
Trade Law ◽  
International Trade Law ◽  
Dispute Settlement System ◽  
Settlement Mechanism

The 1994 Uruguay Round revision of the dispute settlement mechanism under the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO) has made it a forum both for traditional trade issues and for interests ranging from environmental protection to national security. The limits of GATT jurisdiction have become important issues of dispute settlement within the WTO, especially as the emergence of the WTO and its rule-based, quasi-obligatory dispute settlement system has spurred a significant shift toward legalism. Constitutional structures are developing much faster in international trade law than in any other area of international law and, in the aftermath of the Uruguay Round, are integrating ever more aspects of economic relations among states. Within the WTO regime the dispute settlement mechanism established by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) plays a prominent role in enforcing its rules and reconciling a wide array of the members’ interests. The limits of the reach of the dispute settlement mechanism, given its obligatory character, are, to a certain degree, the limits of the constitutionalization of the organization as a whole.

13. International Economic Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
International Economic Law ◽  
The World

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.

scholarly journals Remarks by Natalie Y. Morris-Sharma

2018 ◽  
Vol 112 ◽  
pp. 198-200
Author(s):  
Natalie Y. Morris-Sharma
Keyword(s):  
International Trade ◽  
United Nations ◽  
Dispute Settlement ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations

These remarks approach the panel topic of investor-state dispute settlement (ISDS) at the crossroads, by reflecting on the ongoing discussions on ISDS reform that are taking place at the United Nations Commission on International Trade Law (UNCITRAL). There are three sets of factors likely to inform how ISDS is being transformed.

Independence and Impartiality of Adjudicators in Investment Dispute Settlement: Assessing Challenges and Reform Options

2020 ◽  
Vol 21 (2-3) ◽  
pp. 441-474
Author(s):  
Chiara Giorgetti ◽  
Steven Ratner ◽  
Jeffrey Dunoff ◽  
Shotaro Hamamoto ◽  
Luke Nottage ◽  
...  
Keyword(s):  
Comparative Analysis ◽  
Dispute Settlement ◽  
Present System ◽  
Fundamental Issue ◽  
Policy Makers ◽  
International Courts ◽  
Group Iii ◽  
Trade Law ◽  
International Trade Law ◽  
Dispute Resolution Mechanism

Abstract As discussions on the reform of investor-State dispute settlement deepen and gather momentum at the United Nations Commission on International Trade Law (UNCITRAL), this article delves into a specific and fundamental issue: the requirement that adjudicators in investment disputes are and remain independent and impartial. It begins by explaining the principle of independence and impartiality in international courts and tribunals, with a focus on arbitral institutions. The article then highlights a range of specific concerns that the present system of investor-State arbitration raises in respect of independence and impartiality. Finally, it provides a comparative analysis of how different reform proposals presently discussed within UNCITRAL Working Group III would fare in terms of delivering a dispute resolution mechanism that ensures independence and impartiality. Rather than providing one specific solution, this article assesses the different options discussed, with the aim to help both policy-makers considering reform and other stakeholders and scholars.

The Diversity Deficit in International Investment Arbitration

2020 ◽  
Vol 21 (2-3) ◽  
pp. 410-440
Author(s):  
Andrea K. Bjorklund ◽  
Daniel Behn ◽  
Susan D. Franck ◽  
Chiara Giorgetti ◽  
Won Kidane ◽  
...  
Keyword(s):  
Dispute Settlement ◽  
World View ◽  
International Investment ◽  
Group Iii ◽  
Trade Law ◽  
International Trade Law ◽  
System 2 ◽  
Global North ◽  
Key Issues ◽  
Area Of Concern

Abstract The United Nations Commission on International Trade Law (UNCITRAL) Working Group III on ISDS (Investor-State Dispute Settlement) Reform considers issues of adjudicator diversity to be an area of concern for the legitimacy of the ISDS system. Studies show that nearly all of the most prominent and repeatedly appointed arbitrators in ISDS cases are men from the Global North with significant prior experience in ISDS cases. Rather than being seen as fair, just, and devoid of bias, decisions are sometimes suspected to be the products of adjudicators who share a particular world view. This article focuses on four key issues: (1) how a lack diversity affects the real and perceived legitimacy of the ISDS system; (2) empirical evidence on the current extent of the diversity problem in ISDS; (3) the causes of the perpetuation of the diversity deficit in ISDS; and (4) what can be done to improve diversity in ISDS.

IMPACT OF CHANGES IN ORGANIZATION OF TROLLEYBUS LINE NO. 29 IN GDYNIA ON PASSENGERS’ TRAVEL BEHAVIOUR

2017 ◽  
Vol 70 (0) ◽  
pp. 109-117
Author(s):  
Aleksander Jagiełło ◽  
Paweł Gałka
Keyword(s):  
Travel Behaviour ◽  
Transport Infrastructure ◽  
Primary Sources ◽  
Rolling Stock ◽  
Face To Face ◽  
Secondary Sources ◽  
Research Findings ◽  
Residential District ◽  
The Impact

This article provides research findings on the impact of changes in the organization of trolleybus line No. 29 on passengers’ travel behaviour, in particular the inhabitants of Fikakowo residential district in Gdynia. The article comprises the following sections: introduction, characteristics of line No. 29 and transport infrastructure and rolling stock in operation, presentation of the results of own studies and conclusion. In the article secondary sources were used (overview of literature and the organizer’s internal materials) as well as the primary sources (results of own research conducted under method of face-to-face, individual and standardized interviews).

International Trade Law: the Impact of Justiciability and Separations of Powers in EC Law

2009 ◽  
Vol 5 (2) ◽  
pp. 307-326 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
International Trade ◽  
Separation Of Powers ◽  
International Agreements ◽  
Checks And Balances ◽  
Trade Law ◽  
International Trade Law ◽  
External Relations ◽  
Ec Law ◽  
The Impact ◽  
Current Standards

Direct effect of international agreements – WTO – Current jurisprudence and theories – Implications for separation of powers and checks and balances – Justiciability – Criticism of current standards: precision and reciprocity – Reversal of dual concept in EU external relations

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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