Mediation and settlement as key elements of the WTO dispute resolution system (original) (raw)
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Proceedings of the Third International Economic Symposium (IES 2018), 2019
The article analyses the experience of Latin American and Caribbean countries (LAC) with regards to their participation in the WTO dispute settlement mechanisms. On the basis of this analysis the authors make some recommendations for the Russian Federation as a relatively new member of the organization that is already involved in the WTO dispute settlement system. The results are important for the other Eurasian Economic Union (EAEU) states, even though members not all of them are members of the WTO.
Eurasian Economic Union Court and WTO Dispute Settlement Body: Two Housewives in One Kitchen
Russian Law Journal, 2019
Using the approach of the United Nations International Law Commission, the law of the Eurasian Economic Union and WTO law might be regarded as autonomous complexes of rules. However, in all current disputes the DSB treats the norms of EAEU law as measures adopted by a specific EAEU member, but not as international law within the meaning of the ILC. These disputes concern import tariffs, anti-dumping investigations, and technical regulation and reveal a number of specific features. First, the EAEU measures are attributable to every EAEU member. Second, the WTO members may try to challenge in the DSB the measures adopted by an EAEU member in its national legislation based on EAEU law that affect national legislation of that EAEU member, rather than EAEU law as such. Third, “forum shopping” may arise, for the same measure can be challenged under EAEU law in the EAEU Court and under WTO law in the DSB. Finally, to overcome uncertainty concerning WTO law in EAEU Court jurisprudence, it i...
Russia and WTO : on the Finishing Stretch
Russia.NEI.Visions, n°10, p. 31-46, 2007
The Institut français des relations intenationales (Ifri) is a research center and a non partisan forum for debate on major international political and economic issues. Headed by Thierry de Montbrial since its founding in 1979 , Ifri is an independent state-approved organization.
Taming the Bear: The WTO after the Accession of Russia
The Estey Centre Journal of International Law and Trade Policy, 2012
In mid-December 2011 it was announced that the accession of the Russian Federation to the WTO had been agreed. The accession negotiations had taken 18 years. Russia is the last major economy whose international trade is not governed by WTO disciplines, and with its accession 97 percent of global trade will be subject to WTO rules. The Russian economy has not yet made the full transition to a modern market economy and, hence, it is not a good fit with the WTO, which emphasises trade liberalization and the rule of law. Three aspects of the Russian economy are particularly antipathetic to WTO disciplines: (1) the use of trade, particularly energy exports, to achieve political objectives; (2) corruption and weak legal institutions; (3) crony capitalism. The interaction of each of these with WTO commitments is explored. It is concluded that Russia has little interest in liberalizing its trade regime. Hence, the role Russia may play in the future direction of the WTO may not be supportive...
The WTO dispute settlement system
Cambridge University Press eBooks, 2018
Outline of WTO rules-The WTO dispute settlement system-From GATT diplomacy to WTO law-Compliance and remedies for non-compliance-Retaliation: is it effective?-Compliance and retaliation in practice-The WTO dispute settlement,developing countries and the role of private lawyers-Forum shopping (RTAs)-Conclusion I am very honoured to be here, and would like first of all to thank President Alcantara for his kind invitation to speak to you about the WTO dispute settlement system. I do not want to focus on Brazil's experience of WTO disputes, but it is nonetheless appropriate to begin by noting that Brazil is one of the most active participants in the system. Including cases that have been settled, Brazil has been a complainant in 21 cases, and a defendant 12 times. 1 Of the cases brought by Brazil, 10 were against the US, 7 against the EU, and, in this region, 1 against Mexico, 1 against Peru and 2 against Argentina. Of the 12 cases brought against Brazil, 3 were brought by the US, 4 by the EU, and, in this region, just one, by Argentina. I did not come here, though, to list statistics. Rather, I would like to outline to you some of the more interesting features of the WTO dispute settlement system, and also describe some of its outstanding problems. And here again it is appropriate that I am here addressing Brazilian lawyers, because Brazil has been responsible for some of the most recent interesting developments in WTO dispute settlement. Outline of WTO rules The basic WTO agreements (GATT, GATS, TRIPS, and others) are designed to prevent WTO Members from restricting trade in goods and services, and to ensure a high standard of intellectual property protection. Under the GATT and GATS, import restrictions on goods and services are negotiated, and in addition there are basic principles are non-discrimination between domestic and foreign products and services, and among foreign products and services. The rules on intellectual property are somewhat different: under TRIPS, intellectual property rights must be granted domestic protection for WTO Member rights holders. There are numerous exceptions to these obligations, especially in the area of services, and WTO Members are permitted to adopt measures for public policy or national security reasons.
WORKING OF DISPUTE SETTLEMENT IN WTO
Now-a-days world trade is increasing day-by-day in competition with the internal (domestic) trade. After the adaptation of the policy of liberalization, privatization and globalization by major countries of the world the geographical boundaries of the nations have been shirked. There is seamless movement of the goods and services among the nations which ultimately breaks the earlier protectionist mindset of the nations. With the increase in trade and commerce the earlier arrangement among the nations the General Agreement on Trade and Tariff (GATT) give way to World Trade Organisation, an intergovernmental organization to regulate international trade. The WTO deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements and dispute resolution process. A dispute arises when a member government believes that another member government is violating an agreement which has been made in the WTO. The dispute may be due to the protectionist attitude of one country which forbids or put restriction or discourage the export of goods or services of other country by means of tariff or non-tariff barriers. Sometimes the restriction may regard by one member as genuine keeping in view its domestic necessities or age-old disparities between developed and developing countries, which can be effectively resolved through the measures available under WTO agreements. In this paper I try to explore the dispute settlement understanding available under WTO and some recent disputes concerning India.
Discussions on the tensions between the dispute settlement process and the diplomatic and treaty making activities of the WTO should be resolved by giving Members greater control over the dispute settlement process. To begin with, it is possible to say that, the World Trade Organization is the youngest of all major international intergovernmental organizations which was established and became operational on 1 January 1995 as well as in spite of the challenges it faces, one of the most influential in these times of economic globalization.1 By the same token, according to the some scholars such as Marco Bronckers; " it has the potential to become a key pillar of global governance'.2 However, accordingly the WTO is also one of the most criticized international organizations and it has been argued that, " there is a risk that the dispute settlement system will come under greater strain. " 3 As a matter of the fact, the aim of this paper is to discuss how tensions between the dispute settlement process and the diplomatic and treaty-making activities of the world trade organizations may be relieved through giving members greater control over the dispute settlement process. Therefore, the paper begins by discussing the importance of settling disputes between different members of WTO and the bodies involved in the settlement process. It shows the symbiotic relationship between members control and the dispute settlement process. The second part of the paper goes further to describe some of the major challenges facing the dispute settlement process. The last part of the paper discusses how giving members greater control may help address the challenges described, as well as ways in which this move can be implemented. The establishment of a dispute settlement system by members of the world trade organization (WTO) shows the essence of member assent to their roles in the WTO agreement.
WTO: As an Instrument of Dispute Settlement in the International Trade
International Journal of Engineering & Technology, 2018
The World Trade Organization is a platform which is primarily responsible for the rules and regulation related to the world trade for the member nations. This research paper is an effort to measure the effectiveness of the WTO as a Dispute Settlement Body (DSB). In relation to that the first objective of the research paper is to understand the nature of the International Trade Dispute among the member nations. The second objective of the research paper is to analyze certain International Trade Disputes which were reported to the WTO. The third objective of the research paper is to find out some common features among the analyzed cases.