World peace through world trade? The role of dispute settlement in the WTO

2019 ◽  
pp. 449-476
Author(s):  
Ole Kristian Fauchald
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
World Peace

General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

scholarly journals GLOBALISATION OF THE WORLD TRADE FROM THE PERSPECTIVE OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS UNIDROIT

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Мария Мещанова ◽  
Mariya Meshchanova
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Legal Regulation ◽  
Contract Law ◽  
Current Version ◽  
National Legislation ◽  
Progressive Development ◽  
Central Argument ◽  
Legal Globalization

This paper is concerned with the role of the UNIDROIT Principles in the processes of legal globalization. The central argument is that this non-State codification does not have a legal binding nature, but this document which covers the rules of conduct and dispute settlement, no doubt, contributed to the acceleration of globalization of world trade. It analyses the revision of the UNIDROIT Principles since 1994 to the current version of 2010 and from the stand point of strengthening of the general approaches in legal regulation and extension of the scope of their application. The UNIDROIT Principles may have impact on the reform of the national legislation of various countries, thus, facilitating the process of harmonization of Contract Law. At the same time it is noted that many of the provisions of the national legislation, and, in particular, the German Civil Code, may serve as the basis for progressive development of the mentioned non-state codification. This set of unified rules may be used as an instrument for the interpretation of the terms enshrined in international commercial contracts.

scholarly journals The ‘Ordinariness’ of the eu’s Foreign Policy Power: The Use of wto Litigation as a Means to Export eu Norms, Values and Interests

2015 ◽  
Vol 4 (2) ◽  
pp. 143-165
Author(s):  
Billy Melo Araujo
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
Trade Policy ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
External Trade ◽  
Norms And Values

The eu has historically been portrayed as a distinctive international actor in terms of both the norms and values it exports in the context of its international relations and the manner in which it seeks to influence others. However, such claims to the eu’s distinctiveness are increasingly being questioned. This article joins this chorus of voices arguing the non-distinctiveness of the eu’s foreign policy power by focusing on a specific feature of the eu’s external trade policy, the role of World Trade Organization (wto) dispute settlement in the eu’s attempts to promote its interests, values and norms.

scholarly journals The Law on State Responsibility and the World Trade Organization

2021 ◽  
Vol 22 (5-6) ◽  
pp. 759-803
Author(s):  
Anna Ventouratou
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
State Responsibility ◽  
Vienna Convention ◽  
The World ◽  
The Law

Abstract This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.

scholarly journals Reforming WTO Conflict Management: Why and How to Improve the Use of ‘Specific Trade Concerns’

2020 ◽  
Vol 23 (4) ◽  
pp. 817-839
Author(s):  
Robert Wolfe
Keyword(s):  
Conflict Management ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Settlement System ◽  
Trading Partners ◽  
Working Practices ◽  
Phytosanitary Measures ◽  
Dispute Settlement System

ABSTRACT With its dispute settlement system in peril, the role of the World Trade Organization in mitigating commercial conflict is more important than ever, but its working practices need reform. The Sanitary and Phytosanitary Measures and Technical Barriers to Trade committees have developed a mechanism for members to raise ‘specific trade concerns’ about the laws, regulations, and practices of their trading partners, both proposed and already implemented. These specific trade concerns can mitigate sources of friction and help avoid recourse to formal dispute settlement. This article assesses experience with specific trade concerns and analyzes suggestions for reform of the process and its extension to all World Trade Organization committees. The important World Trade Organization reform question is whether procedural changes in Geneva can make specific trade concerns more effective for all members while facilitating enhanced participation by members who do not now make full use of the possibilities that such procedures offer.

scholarly journals Does WTO Dispute Settlement Enforce or Inform?

2013 ◽  
Vol 44 (4) ◽  
pp. 877-902 ◽  
Author(s):  
Thomas Sattler ◽  
Gabriele Spilker ◽  
Thomas Bernauer
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Strong Support ◽  
Bargaining Model ◽  
Strategic Bargaining ◽  
Trade Law ◽  
Backwards Induction ◽  
Wto Dispute Settlement ◽  
Empirical Implications

Whereas some researchers emphasize how World Trade Organization (WTO) dispute settlement reduces complexity and clarifies legislation, others argue that dispute rulings promote co-operation by providing an enforcement mechanism. This article identifies empirical implications from these distinct arguments and tests them on WTO disputes from 1995 to 2006. The study's analytical approach combines a three-step coding of dispute escalation with a strategic bargaining model and statistical backwards induction to account for governments’ forward-looking behavior. It finds strong support for the argument that WTO dispute settlement primarily serves as an enforcement device. It finds much less support for the argument that dispute settlement reduces complexity and clarifies trade law. These results suggest that the role of WTO dispute settlement in generating information on acceptable trade policy standards is less relevant than proponents of the complexity argument tend to assume.

Normative Obsolescence of the WTO Anti-Dumping Agreement—Topography of the Global Use and Misuse of Initiations and Measures

2015 ◽  
Vol 6 (2) ◽  
pp. 233-263 ◽  
Author(s):  
Julien CHAISSE ◽  
Debashis CHAKRABORTY
Keyword(s):  
International Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
China And India ◽  
Wto Dispute Settlement ◽  
Recent Trends ◽  
Potential Risks ◽  
Areas Of Concern

The Anti-Dumping (AD) mechanism is susceptible to potential misuse for protectionist purposes, and the current explosion of AD disputes indicate a massive problem in the way international trade rules are implemented. The current World Trade Organisation (WTO) negotiations have identified areas within the Anti-Dumping Agreement (ADA) for possible reform; accordingly, the present analysis discusses these areas of concern relating to the AD provision. First, recent trends in AD practice will be analyzed both quantitatively and qualitatively to show the growing role of Asian economies. In particular, the traditional targets of AD activism, China and India, have initiated a number of AD investigations over the last decade, while imposing final measures on several occasions. Second, the ADA will be examined alongside a discussion of the potential risks of misinterpretation. Third, the paper will analyze all the complaints lodged at the WTO Dispute Settlement Body (DSB) on ADA to date.

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