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

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.

scholarly journals DISPUTE SETTLEMENT OF ANTI-DUMPING LEGAL ASPECT IN INDONESIA BASED ON GATT/WTO PROVISIONS (ALLEGATIONS CASE STUDY OF DUMPING WOOD FREE COPY PAPER BETWEEN SOUTH KOREA AND INDONESIA)

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Idha Mutiara Sari
Keyword(s):  
International Trade ◽  
South Korea ◽  
Dispute Settlement ◽  
Legal Aspect ◽  
Trade Disputes ◽  
Trade Relations ◽  
Trade Law ◽  
International Trade Law

The increase of trading activities in economic globalization requires a strong international financial and trade system to distribute capital in the implementation of world trade. From the considerable problems in the globalization of trade, the international community has begun to draft several regulations that can be agreed together. Therefore, there is a need for rules and regulations in international trade relations, in this case, an agreement realizing the role of GATT/WTO as an international trade organization that determines and assists in resolving trade disputes between countries. Legal issues will be discussed in this paper is, 1) How is the implementation of GATT / WTO about anti-dumping law; 2) How is the implementation of anti-dumping law in Indonesia; 3) What is the legal aspect of dispute resolution of the case study in the alleged Dumping Wood Free Copy Paper case between South Korea and Indonesia. In this paper, the research method is normative legal research that accommodates regulations, decisions and general principles of (international-trade) law related to anti-dumping, case analysis, and structured classification with relevant theoretical studies to the topic of discussion.The results discussed in this paper are the role of GATT/WTO in dealing with anti-dumping in Indonesia regulation and implementation of anti-dumping in its legal territorial area, and South Korea’s anti-dumping case study on Indonesia. Conclusions from this paper include, Indonesia must better to protect a regulation regarding anti-dumping measures by enforcing strong laws and other anti-dumping regulations. It is a legal urgency as an export-import activity because in the implementation of international trade defence is not enough if a Government Decree regulates anti-dumping actions. Still, it must continue to update the rules of the WTO’s provisions which always develop.

Due Diligence in International Trade Law

2020 ◽  
pp. 312-328
Author(s):  
Markus Krajewski
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Trade ◽  
Trade Agreements ◽  
Good Faith ◽  
Due Diligence ◽  
Trade Regime ◽  
International Trade Agreements ◽  
Trade Law ◽  
International Trade Law

This chapter assesses and analyses elements of due diligence in existing international trade agreements. It highlights due diligence obligations in this field, such as obligations to cooperate, to negotiate in good faith, or to notify about measures which could be harmful to other countries. The chapter also discusses elements applicable to the negotiation and implementation of trade agreements, especially with regard to the requirements of human rights and sustainable development impact assessments. The chapter argues that, even though due diligence is not a term of art in international trade law, it could be seen as a cornerstone of the international trade regime.

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.

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 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.

20 Vienna

2014 ◽  
Author(s):  
Pitkowitz Nikolaus
Keyword(s):  
International Trade ◽  
United Nations ◽  
Supreme Court ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
History Of ◽  
Arbitral Proceedings ◽  
Model Law

This chapter evaluates the merits of Vienna as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Austria; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Austria is a United Nations Commission on International Trade Law (UNCITRAL) Model Law jurisdiction with a long and stable history of supporting arbitration. A wealth of decisions by the Austrian Supreme Court and a wealth of legal commentaries offer clear guidelines to the arbitration practitioner and only very few surprises. The Vienna Rules are one of the most streamlined of modern institutional arbitration rules that provide substantial flexibility for arbitral proceedings.

13 Paris

2014 ◽  
Author(s):  
Malinvaud Carole ◽  
Camboulive Christian
Keyword(s):  
International Trade ◽  
United Nations ◽  
Time Limit ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Model Law ◽  
The Right ◽  
Commercial Disputes

This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards or the computation of the time limit to introduce such challenges, the innovative provisions of the new French regime have yet to be tested in the courts.

Sign in / Sign up

Export Citation Format

Share Document