EU and developing Asia trade dispute settlement: assertive legalism for political autonomy

2018 ◽  
pp. 333-351
Author(s):  
Leïla Choukroune
Keyword(s):  
Dispute Settlement ◽  
Political Autonomy ◽  
Trade Dispute

scholarly journals Kebijakan Developmental State Indonesia dalam Perdagangan Komoditas Hortikultura, Hewan, dan Produk Hewan

2017 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Septian Nur Yekti
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Developmental State ◽  
State Theory ◽  
Trade Barriers ◽  
Trade Restriction ◽  
Animal Products ◽  
Trade Dispute ◽  
National Welfare

Indonesia insists to defend its regulation on trade of horticulture, animals, and animal products after its loss on New Zaeland’s indictment in Dispute Settlement Body (DSB) of World Trade Organization (WTO). Indonesia appealed the DSB decision, despite previous findings in DSB panel which reports that Indonesia’s regulations contains trade restriction and various trade barriers. This paper analyzes the reason why Indonesia appealed the DSB Panel decision, despite the fact that Indonesia violates WTO principles which lead to free trade barriers. This paper uses law perspective to find out whether Indonesia really violates the law or not. Besides, this paper also uses developmental state theory to analyze the case. The theory takes root in the merchantilism which emphasizes on export, domestic production, and national welfare. Developmental state’s position lies between liberalization and centered-plan policy which means that the country that applying this policy joins the globalization and plays its role in international order to reach national welfare.Keywords: developmental state, trade dispute settlement, trade restriction

Living without the WTO Appellate Body – Procedural Developments in International Trade Dispute Settlement

2021 ◽  
Vol 20 (1) ◽  
pp. 166-190
Author(s):  
Andrea Hamann
Keyword(s):  
International Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Settlement System ◽  
Trade Dispute ◽  
Appellate Body ◽  
Wto Appellate Body ◽  
Dispute Settlement System

Abstract The current column covers selected procedural and institutional developments in international trade dispute settlement in 2020. During the reporting period, World Trade Organization (WTO) dispute settlement has been facing unprecedented challenges due to the collapse of the Appellate Body. While this calls for a systemic reflection in the WTO forum regarding the future not only of appellate review but of the entire dispute settlement system, the current unavailability of the Appellate Body has triggered WTO Members into improvising temporary solutions. At the same time, some of them have equally seemed to turn to free trade agreements (FTAs) or otherwise to pursue solutions outside of the multilateral forum.

Seeking Common Ground: Canada-U.S. Trade Dispute Settlement Policies in the Nineties

1999 ◽  
Vol 25 (2) ◽  
pp. 277
Author(s):  
Linda Anton ◽  
Andrew D. M. Anderson
Keyword(s):  
Common Ground ◽  
Dispute Settlement ◽  
Trade Dispute ◽  
Settlement Policies

scholarly journals Why Developing Countries are at Disadvantage Position in WTO Dispute Settlement Mechanism

2014 ◽  
Vol 1 (2) ◽  
pp. 60-63
Author(s):  
Muhammad Waqas
Keyword(s):  
Developing Countries ◽  
Dispute Settlement ◽  
Third Parties ◽  
Dispute Settlement Mechanism ◽  
Trade Dispute ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Specialized Institutions ◽  
Settlement Mechanism

The Dispute Settlement Board of WTO aims to solve the disputes of WTO members regarding international trade. Dispute settlement process involves the parties and third parties to a case, and it operates through the DSB panels, the Appellate Body, the WTO Secretariat, arbitrators, independent experts and several specialized institutions. Although the dispute settlement mechanism provides opportunities to the developing countries to seek remedies if they are aggrieved by any other country, yet there are certain challenges for the developing countries to participate effectively in DSM. The study finds out the challenges that caused the role of developing countries less significant in the WTO dispute settlement process. Moreover, several recommendations have also been made for making the role of developing countries more effective.DOI: http://dx.doi.org/10.3126/ijssm.v1i2.10103 Int. J. Soc. Sci. Manage. Vol-1, issue-2: 60-63

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