scholarly journals An Evaluation on GATT, WTO’s Agreement on Safeguards and Dispute Settlement Procedure

Sosyoekonomi ◽  
2021 ◽  
Author(s):  
Volkan SEZGİN
Keyword(s):  
Dispute Settlement ◽  
Dispute Settlement Procedure

ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”

2021 ◽  
Vol 11 (4) ◽  
pp. 282-298
Author(s):  
D.G. FILCHENKO ◽  
E.A. EVTUKHOVICH
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Dispute Settlement ◽  
Critical Assessment ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Dispute Settlement Procedure ◽  
Settlement Of Disputes ◽  
The Impact

The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are provided. Separately, the issue of the admissibility of the cancellation of the general claim procedure for the settlement of disputes by the agreement was considered. An independent subject of the authors’ analysis was mediation as a pre-trial dispute settlement procedure. The work also focuses on the impact of a different pre-trial dispute settlement procedure on the course of the limitation period. The article discusses the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 22 June 2021 No. 18 “On Some Issues of Pre-Trial Settlement of Disputes Considered in Civil and Arbitration Proceedings”. Some of the recommendations of the Plenum of the Supreme Court of the Russian Federation received critical assessment. The authors note the existing contradictions in the legislation and possible ways to overcome them, formulate individual conclusions as a result of studying the materials of the practice of arbitration courts.

ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 42-65
Author(s):  
M.O. DIAKONOVA
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Alternative Methods ◽  
Legal Basis ◽  
Federal Law ◽  
Online Dispute Resolution ◽  
Consumer Rights ◽  
Economic Climate ◽  
Consumer Access ◽  
Dispute Settlement Procedure

The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.

scholarly journals FEASIBILITY STUDY OF PUBLIC-PRIVATE PARTNERSHIP / VIEŠOJO IR PRIVAČIOJO SEKTORIŲ PARTNERYSTĖS GALIMYBIŲ ANALIZĖ

2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis
Keyword(s):  
Dispute Settlement ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Infrastructure ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private And Public ◽  
Dispute Settlement Procedure

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.

II. AVENA AND OTHER MEXICAN NATIONALS {MEXICO v UNITED STATES OF AMERICA), PROVISIONAL MEASURES, ORDER OF 5 FEBRUARY 2003

2004 ◽  
Vol 53 (3) ◽  
pp. 738-746 ◽  
Author(s):  
Sandy Ghandhi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Human Rights Treaties ◽  
Legal Contexts ◽  
Dispute Settlement Procedure ◽  
Rights Issues

The International Court of Justice is not a human rights court but it does hear human rights cases.1This is hardly remarkable. As Professor Ian Brownlie has pointed out ‘[h]uman rights problems occur in specific legal contexts. The issues may arise… within the framework of a standard-setting convention, or within general international law.’2Because human rights treaties normally have their own dispute settlement procedure, the situations in which the International Court of Justice is more likely to have to grapple with human rights issues lie within the realms of general international law or in non-human rights specific treaty provisions, which may, nevertheless, raise such issues. In addition, some human rights treaties, such as the Convention on the Prevention and Punishment of the Crime of Genocide 1948, contain provisions specifically referring disputes to the International Court of Justice.3Thus, it should come as no surprise that the Court has been involved in a number of cases involving human rights questions.

New rules narrow space for online publishers in China

2016 ◽  
Keyword(s):  
Dispute Settlement ◽  
Online Publishing ◽  
Political Pressure ◽  
Economic Interests ◽  
Content Type ◽  
Wto Dispute Settlement ◽  
Political Security ◽  
Narrow Space ◽  
Dispute Settlement Procedure

Subject New regulations governing online publishing in China. Significance New restrictions on online publishing, which take effect on March 10, directly affect the legality of foreign publishers' business presence in China. These new regulations combine the pursuit of political security with support for domestic economic interests. Impacts The authorities may (but will not necessarily) use the rules to step up blocking of content published outside China. In case of sufficient lobbying or political pressure, the WTO dispute settlement procedure might come to scrutinise the new regulations. The new regulations will provide lawful paths for foreign businesses to market content within China.

Disintegration through Law

2021 ◽  
pp. 123-172
Author(s):  
Kieran Bradley
Keyword(s):  
European Integration ◽  
Dispute Settlement ◽  
Transition Period ◽  
The Stability ◽  
Article 50 ◽  
The Uk ◽  
The Right ◽  
Dispute Settlement Procedure ◽  
Right Of Withdrawal ◽  
Proper Account

The existence of an unconditional right of withdrawal is antithetical to the idea of European integration, which is predicated on an ‘ever closer union’, and the expectation that Union rights become part of the ‘legal heritage’ of individuals. Article 50 TEU fails to take proper account of the Union’s interests, or those of Member States, individuals, and companies, and undermines the stability of treaties which international law seeks to preserve. Article 50 should be amended at the first opportunity. Leaving the jurisdiction of the Court of Justice was identified by the UK government as one of its Brexit objectives. The Court was nonetheless called upon to clarify a number of matters Article 50 left open, notably the right to revoke a withdrawal notification. While the 2020 Withdrawal Agreement preserves the Court’s material jurisdiction to interpret provisions of Union law incorporated into the Agreement, including in the context of dispute settlement procedure, individual access to the Court will be limited after the transition period.

Settling Interstate Trade Disputes: Lessons from the EFTA Complaints Procedure

2021 ◽  
Vol 24 (1) ◽  
pp. 77-97
Author(s):  
Johannes Hendrik Fahner
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
Trade Association ◽  
Historical Documents ◽  
Trade Disputes ◽  
European Free Trade Association ◽  
Legal Questions ◽  
Independent Evaluation ◽  
International Economic Law ◽  
Dispute Settlement Procedure

ABSTRACT When the European Free Trade Association (EFTA) was founded 60 years ago, the contracting parties established a dispute settlement procedure that sought to strike a balance between the need to supervise compliance with the EFTA Convention and the need to respect the sovereignty of the member states. The procedure of Article 31 empowered the EFTA Council to hear interstate complaints, establish examining committees, issue recommendations, and authorize retaliation. This article investigates the successes and failures of this mechanism on the basis of historical documents from the EFTA archives. It provides an overview of the complaints that were brought under Article 31 and analyses how the Council exercised its functions in dealing with these cases. The article evaluates why the complaints procedure quickly fell into disuse, finding that it failed to provide a real alternative to ordinary discussions in the Council. The article argues that lessons can be drawn from this understudied chapter of European integration, concluding that systems of dispute settlement in international economic law should avoid fusing diplomatic and judicial elements if this might preclude an independent evaluation of the legal questions raised in the context of a concrete dispute.

scholarly journals Institutional limitations and possible vectors of the development of mediation in Russia

2021 ◽  
pp. 48-67
Author(s):  
Olga Vecherina
Keyword(s):  
Social Evolution ◽  
Dispute Settlement ◽  
Institutional Development ◽  
Social Institution ◽  
Russian Society ◽  
Legal Institution ◽  
Mechanisms Of Development ◽  
Dispute Settlement Procedure ◽  
Families With Children ◽  
Alternative Dispute Settlement

The object of this research is the socio-legal institution of mediation as an alternative dispute settlement procedure in Russia. The subject of this research is the peculiarities of development of this institution and their substantiation by the specificity of institutional implementation, as well as cultural-historical aspects of the Russian society. The author indicates that the longstanding efforts of enthusiasts with the support of government structures aimed at the development of mediation as a legal institution outside its social component (mediation as an assisting profession) appeared to be ineffective and even faced rejection of a considerable part of society, as its conceptual grounds on the foundation of law do not correspond with the cultural-historical matrix of Russia. Special attention is given to the peculiarities of the establishment of mediation as a social institution and assisting profession. The author concludes on the presence of basic institutional restrictions of the development of socio-legal institution of mediation in Russia, due to the absence of mediation mechanisms of development (according to A. S. Akhiezer). The novelty of this work consist in tracing the dynamics of institutional development of mediation in the context of social evolution of the Russian society. The author believes that successful development of mediation in Russia as a social institution and assisting profession is not only possible, but essential; first and foremost, school mediation combined with remedial practices, as an effective technique of helping families, including families with children, and as instruments for working with ethno-confessional conflicts.

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