scholarly journals Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It?

2016 ◽  
Vol 1 (2) ◽  
pp. 182
Author(s):  
Koesrianti Koesrianti
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Economic Community ◽  
Dispute Settlement Mechanism ◽  
Rule Based ◽  
Trade Law ◽  
International Trade Law ◽  
Political Security ◽  
Asean Economic Community ◽  
Settlement Mechanism

ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.

scholarly journals Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It?

2016 ◽  
Vol 1 (2) ◽  
pp. 182
Author(s):  
Koesrianti Koesrianti
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Economic Community ◽  
Dispute Settlement Mechanism ◽  
Rule Based ◽  
Trade Law ◽  
International Trade Law ◽  
Political Security ◽  
Asean Economic Community ◽  
Settlement Mechanism

ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.

“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.

Sustainable development and the international trade law paradigm

2014 ◽  
Vol 13 (2) ◽  
pp. 136-166 ◽  
Author(s):  
Niccolò Pietro Castagno LL.M.
Keyword(s):  
Sustainable Development ◽  
International Trade ◽  
Dispute Settlement ◽  
Case Law ◽  
Dispute Settlement Mechanism ◽  
Content Type ◽  
Normative Force ◽  
Trade Law ◽  
International Trade Law ◽  
Protection Goals

Purpose – The purpose of this paper is to analyse the cross-fertilization between environmental concerns and trade law, through an analysis of their primary texts and case law, and seek to what extent the concept of sustainable development is, or can be, embodied in such field of law. The question posed is whether the international trade law paradigm is well suited to implement the goals embodied in the concept of sustainable development. Design/methodology/approach – In giving a tentative answer to the said question, also through the analysis of some trade law reform proposals, the author advocates that international trade law and sustainable development not only can have compatible goals but that they are (if not, they shall be) inseparably related to one another, from both an economic policy perspective and a legal standpoint. Findings – The author concludes that the paradigms can be complementary to the extent that international trade law, while preserving a formal legal identity deriving from the current shape of its body of rules, has seen its application supporting and, eventually, giving sustainable development a normative force that it could not have achieved otherwise – and this, on a global and uniform scale. Although it may be contended that, after a preliminary survey of relevant international trade case law, this interaction is still a seed in its infancy and some changes must necessarily occur to make the trade paradigm keener and more effective in supporting environmental protection goals, the author argues that, given the difficulties in obtaining such changes, the existing trade paradigm structure has served (and will serve) sustainable development better than other paradigms, as a vehicle through which such concept can drive nations’ economic development more forcefully. Research limitations/implications – The paper contains a reasoned survey of the most important case law, outlining the main legal hurdles that the implementation of sustainable development encounters in the World Trade Organization (WTO) dispute settlement mechanism. Originality/value – The value of this paper stands in the reasoned approach to the legal issues underlying the matters involved, specifically with respect to the analysis of Article XX GATT. Moreover, it remarks the effects that a developed system like the WTO can have in promoting sustainable development, addressing some of the most recent reform proposals.

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.

Exploring Aggressive Legalism: Is Now A Good Time to Promote This Approach in Greater Asia?

2015 ◽  
Vol 6 (1) ◽  
Author(s):  
Yi Lu
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Dispute Settlement ◽  
Good Time ◽  
Asian Countries ◽  
Dispute Settlement Mechanism ◽  
Wto Dispute Settlement ◽  
The Status ◽  
Settlement Mechanism ◽  
Asian Developing Countries

AbstractAggressive legalism, a trade policy-making strategy targeted at actively utilizing WTO rules to defend trade interests, has greatly benefited major Eastern Asian countries in past years. This paper examines whether this strategy should be promoted around greater Asia in this era. First, this paper updates the status of adoption of aggressive legalism in East Asian countries including Japan, Korea and China. Second, it looks into the current and possible future utilization of the WTO Dispute Settlement Mechanism by selected countries which are frequent “targets” of trade remedy measures, namely India, Thailand and Indonesia. Finally, it discusses the participation of Asian developing countries in the WTO. Relying upon case studies and statistical analysis, the author finds that Asian countries’ rising image in international trade signals a trend of adopting aggressive legalism in Great Asia. This trend will undoubtedly promote the energetic development of international trade globally. However, room for more progressive participation in the WTO still exists, especially in developing countries.

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.

scholarly journals The Role of the WTO in the Development of International Trade: History, Problems and Perspectives of International Trade Law. Doctoral Thesis

2021 ◽  
Author(s):  
◽  
Giga Abuseridze ◽  
Keyword(s):  
International Trade ◽  
Developing Country ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Doctoral Thesis ◽  
Trade Law ◽  
International Trade Law ◽  
Trade War ◽  
Present Thesis

The subject of this doctoral thesis is the Role of the World Trade Organization (WTO) in the Development of International Trade: History, Problems and Perspectives of International Trade law. The purpose of the present thesis is to explore the role of the WTO in the development of international trade, to research the possibilities of resolving trade disputes within the framework of the WTO law, to identify strengths and weaknesses of Dispute Settlement Understanding (DSU), to determine the status of a developing country and elaborate recommendations for the improvement of WTO legislation in compliance with fair trade. The present doctoral thesis consists of four chapters: The first chapter reviews international trade and main aspects of WTO legislation, analyses rules for international trade, defines strategy for WTO trade policy and the principles of legal pluralism and inter-legality, establishes correlation of norms of international law examines trade tensions and elaborates proposals for their solution. The second chapter, attempting to determine developing country status in the WTO, explores the categorization of a developing country by the World Bank, United Nations and International Monetary Fund (IMF). Experience of developing countries with enforcement of DSU rulings is analysed. Furthermore, application of more consultations and mediation at DSU is suggested as it would turn Dispute Settlement Body (DSB) into a more practical tool. This chapter also focuses on political stability and trade agreements as well as national security and cybersecurity which ensure the simplicity, stability and neutrality of trade agreements. The third chapter examines the peculiarities of legal status and overviews WTO disputes involving subsidies in the renewable energy sector that follows the WTO agenda. The fourth chapter reviews the trade policies and practices of Georgia as well as Georgia-WTO relationship in the historical context. The author retrospects trade relations between Georgia and Russia which, as the author qualifies, eventually developed into the “trade war” with a very clear political connotation and precedential character. This is the only and first attempt ever to analyse this case and to give it the qualification of “the trade war”. The present thesis consists of 196 pages and includes introduction, four chapters, conclusions, suggestions and interviews.

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