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WTO - Institutions and Dispute Settlement

WTO - Institutions and Dispute Settlement
Author: Rüdiger Wolfrum
Publisher: BRILL
Total Pages: 704
Release: 2006-05-29
Genre: Business & Economics
ISBN: 9047418182

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Two of the greatest achievements of the Uruguay Round were the establishment of the World Trade Organization (WTO) as – compared to the GATT – a fully-fledged international organization and the creation of a new, uniform and binding dispute settlement system. While the failure of the Ministerial Conferences in Seattle and Cancún revealed the first cracks in the institutional structure of the WTO, the operation of the new dispute settlement system has so far been a remarkable success. In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization, Articles XXII, XXIII, and XXIV GATT 1994, the Dispute Settlement Understanding, the Trade Review Policy Mechanism, the Understanding in Respect of Waivers of Obligations under the GATT 1994 and the Understanding on the Interpretation of Article XXIV GATT 1994. Written by a team of distinguished scholars and practitioners, the volume is an indispensable work of reference for all those interested in the WTO institutional fundamentals and the dispute settlement system (international lawyers, scholars and students of WTO law, diplomats and international civil servants, members of NGOs).


The WTO at Ten

The WTO at Ten
Author: Giorgio Sacerdoti
Publisher: Cambridge University Press
Total Pages: 44
Release: 2006-07-06
Genre: Law
ISBN: 0521863147

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The WTO Dispute Settlement System

The WTO Dispute Settlement System
Author: Mavroidis, Petros C.
Publisher: Edward Elgar Publishing
Total Pages: 640
Release: 2022-07-15
Genre: Political Science
ISBN: 1803921749

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This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.


The Gatt/Wto Dispute Settlement System

The Gatt/Wto Dispute Settlement System
Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
Total Pages: 368
Release: 1997-02-11
Genre: Political Science
ISBN: 9789041109330

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The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.


The World Trade Organization

The World Trade Organization
Author: Mitsuo Matsushita
Publisher: Oxford University Press
Total Pages: 942
Release: 2015
Genre: Business & Economics
ISBN: 0199571856

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This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.


A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System
Author: World Trade Organization
Publisher: Cambridge University Press
Total Pages: 417
Release: 2017-09-14
Genre: Law
ISBN: 1108417272

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The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.


WTO

WTO
Author: Rüdiger Wolfrum
Publisher: Martinus Nijhoff Publishers
Total Pages: 598
Release: 2007
Genre: Law
ISBN: 9004145648

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This volume gives a detailed account of the parameters for technical standards and measures seeking to protect health and environment


Key Issues in WTO Dispute Settlement

Key Issues in WTO Dispute Settlement
Author: Rufus Yerxa
Publisher: Cambridge University Press
Total Pages: 328
Release: 2005-10-20
Genre: Law
ISBN: 9780521861595

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This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.


WTO Dispute Settlement and the TRIPS Agreement

WTO Dispute Settlement and the TRIPS Agreement
Author: Matthew Kennedy
Publisher: Cambridge University Press
Total Pages: 0
Release: 2018-12-20
Genre: Law
ISBN: 9781316507896

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The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.