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Based on the author's Ph.D. dissertation, University of Bern, 2013.
Book Synopsis The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement by : Malebakeng Agnes Forere
Download or read book The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement written by Malebakeng Agnes Forere and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's Ph.D. dissertation, University of Bern, 2013.
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
Book Synopsis Regional Trade Agreements and the Multilateral Trading System by : Rohini Acharya
Download or read book Regional Trade Agreements and the Multilateral Trading System written by Rohini Acharya and published by Cambridge University Press. This book was released on 2016-09-22 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.
Book Synopsis The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence by : Malebakeng Agnes Forere
Download or read book The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence written by Malebakeng Agnes Forere and published by Kluwer Law International B.V.. This book was released on 2015-10-12 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.
'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
Book Synopsis Regional Trade Agreements and the WTO Legal System by : Lorand Bartels
Download or read book Regional Trade Agreements and the WTO Legal System written by Lorand Bartels and published by Oxford University Press, USA. This book was released on 2006 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
In the last several decades there has been an exponential growth in the number of Regional Trade Agreements (RTAs). In addition to creating a wide overlap of substantive rights and obligations with the World Trade Organization (WTO), many RTAs also incorporate legalized mechanisms to resolve trade disputes, operating in parallel to the compulsory, automatic and exclusive system of dispute settlement under the WTO. This thesis sought to examine the possibility of jurisdictional conflicts between the regional and multilateral mechanisms and address potential ways to respond to this negative phenomenon. To verify the possibility of jurisdictional conflicts, the thesis examined the key features of WTO and RTA dispute settlement, the constituting elements of a jurisdictional conflict, and the practice of jurisdictional interaction between the two systems. This analysis demonstrated that it may be possible for the regional and multilateral mechanisms to exercise jurisdiction simultaneously or consecutively over essentially the same disputes. Importantly, even though this problem has not actually materialized to a substantial extent, future jurisdictional conflicts would still be quite likely, especially when RTA mechanisms may become more established and active over time. It is thus important to think through possible solutions to enhance the compatible coexistence between the WTO and RTA dispute settlement systems.Having determined the possible occurrence of jurisdictional conflicts, the thesis then investigated whether there are norms that can assist a determination as to which forum should have jurisdiction and which one has to give way in cases of jurisdictional conflicts. In doing so, the thesis developed the relevant frameworks to assess the applicability of RTA jurisdiction clauses and common jurisdiction-regulating norms, such as res judicata, lis pendens, forum non conveniens, comity, and abuse of rights, in WTO disputes. The examination revealed that these norms might not be satisfactorily applied in WTO disputes to regulate WTO-RTA jurisdictional conflicts. In the context of WTO law, where the relationship between WTO and RTA dispute settlement is not explicitly regulated, the studied inapplicability of norms determining jurisdictional priority means that multiple proceedings over essentially the same disputes before the WTO and RTA fora might be an unavoidable phenomenon. On the basis of this finding, the thesis turned to a new frontier and investigated whether there may be rules of international law that can enable tribunals to achieve a reasonable level of consistency between them in adjudicating essentially the same disputes. This inquiry established that principles of treaty interpretation, particularly Articles 31(3)(c) and 32 of the Vienna Convention on the Law of Treaties (VCLT), may facilitate the integration of WTO and RTA laws into each other in multiple proceedings, thereby reducing the risk of unreasonably inconsistent interpretations and findings over essentially the same disputes. In the absence of explicit WTO provisions regulating the jurisdictional interaction between WTO and RTA dispute settlement and effective rules to establish jurisdictional priority between the competing proceedings, the interpretative tools appear to provide a practical and promising way to mitigate some negative effects arising from conflicts of jurisdiction.
Book Synopsis Conflicts of Jurisdiction Between Dispute Settlement Mechanisms of the World Trade Organization and Regional Trade Agreements by : Tan Son Nguyen
Download or read book Conflicts of Jurisdiction Between Dispute Settlement Mechanisms of the World Trade Organization and Regional Trade Agreements written by Tan Son Nguyen and published by . This book was released on 2013 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last several decades there has been an exponential growth in the number of Regional Trade Agreements (RTAs). In addition to creating a wide overlap of substantive rights and obligations with the World Trade Organization (WTO), many RTAs also incorporate legalized mechanisms to resolve trade disputes, operating in parallel to the compulsory, automatic and exclusive system of dispute settlement under the WTO. This thesis sought to examine the possibility of jurisdictional conflicts between the regional and multilateral mechanisms and address potential ways to respond to this negative phenomenon. To verify the possibility of jurisdictional conflicts, the thesis examined the key features of WTO and RTA dispute settlement, the constituting elements of a jurisdictional conflict, and the practice of jurisdictional interaction between the two systems. This analysis demonstrated that it may be possible for the regional and multilateral mechanisms to exercise jurisdiction simultaneously or consecutively over essentially the same disputes. Importantly, even though this problem has not actually materialized to a substantial extent, future jurisdictional conflicts would still be quite likely, especially when RTA mechanisms may become more established and active over time. It is thus important to think through possible solutions to enhance the compatible coexistence between the WTO and RTA dispute settlement systems.Having determined the possible occurrence of jurisdictional conflicts, the thesis then investigated whether there are norms that can assist a determination as to which forum should have jurisdiction and which one has to give way in cases of jurisdictional conflicts. In doing so, the thesis developed the relevant frameworks to assess the applicability of RTA jurisdiction clauses and common jurisdiction-regulating norms, such as res judicata, lis pendens, forum non conveniens, comity, and abuse of rights, in WTO disputes. The examination revealed that these norms might not be satisfactorily applied in WTO disputes to regulate WTO-RTA jurisdictional conflicts. In the context of WTO law, where the relationship between WTO and RTA dispute settlement is not explicitly regulated, the studied inapplicability of norms determining jurisdictional priority means that multiple proceedings over essentially the same disputes before the WTO and RTA fora might be an unavoidable phenomenon. On the basis of this finding, the thesis turned to a new frontier and investigated whether there may be rules of international law that can enable tribunals to achieve a reasonable level of consistency between them in adjudicating essentially the same disputes. This inquiry established that principles of treaty interpretation, particularly Articles 31(3)(c) and 32 of the Vienna Convention on the Law of Treaties (VCLT), may facilitate the integration of WTO and RTA laws into each other in multiple proceedings, thereby reducing the risk of unreasonably inconsistent interpretations and findings over essentially the same disputes. In the absence of explicit WTO provisions regulating the jurisdictional interaction between WTO and RTA dispute settlement and effective rules to establish jurisdictional priority between the competing proceedings, the interpretative tools appear to provide a practical and promising way to mitigate some negative effects arising from conflicts of jurisdiction.
Regional Trade Agreements (RTAs) have proliferated at an unprecedented pace since the creation of the World Trade Organization (WTO). Although the WTO legally recognizes countries' entitlement to form RTAs, neither the WTO nor parties to RTAs have an unequivocal understanding of the relationship between the WTO and RTAs. In other words, the legal controversies, the result of uncertainty regarding the application of the WTO/GATT laws, risk undermining the objectives of the multilateral trade system. This research tackles a phenomenon that is widely believed to be heavily economic and political. It highlights the economic and political aspects of regionalism, but largely concentrates on the legal dimension of regionalism. The main argument of the book is that the first step to achieving harmony between multilateralism and regionalism is the identification of the legal uncertainties that regionalism produces when countries form RTAs without taking into account the substantive and procedural aspect of the applicable WTO/ GATT laws. The book calls for the creation of a legal instrument (i.e. agreement on RTAs) that combines all of the applicable law on RTAs, and simultaneously clarifies the legal language used therein. Likewise, the WTO should have a proactive role, not merely as a coordinator of RTAs, but as a watchdog for the multilateral system that has the power to prosecute violating RTAs. The author is aware that political concerns are top priorities for governments and policy makers when dealing with the regionalism problematic. Hence, legal solutions or proposals are not sufficient to create a better international trade system without the good will of the WTO Members who are, in fact, the players who are striving to craft more regional trade arrangements.
Book Synopsis Rethinking the World Trade Order by : Mohammad F. A. Nsour
Download or read book Rethinking the World Trade Order written by Mohammad F. A. Nsour and published by Sidestone Press. This book was released on 2010 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regional Trade Agreements (RTAs) have proliferated at an unprecedented pace since the creation of the World Trade Organization (WTO). Although the WTO legally recognizes countries' entitlement to form RTAs, neither the WTO nor parties to RTAs have an unequivocal understanding of the relationship between the WTO and RTAs. In other words, the legal controversies, the result of uncertainty regarding the application of the WTO/GATT laws, risk undermining the objectives of the multilateral trade system. This research tackles a phenomenon that is widely believed to be heavily economic and political. It highlights the economic and political aspects of regionalism, but largely concentrates on the legal dimension of regionalism. The main argument of the book is that the first step to achieving harmony between multilateralism and regionalism is the identification of the legal uncertainties that regionalism produces when countries form RTAs without taking into account the substantive and procedural aspect of the applicable WTO/ GATT laws. The book calls for the creation of a legal instrument (i.e. agreement on RTAs) that combines all of the applicable law on RTAs, and simultaneously clarifies the legal language used therein. Likewise, the WTO should have a proactive role, not merely as a coordinator of RTAs, but as a watchdog for the multilateral system that has the power to prosecute violating RTAs. The author is aware that political concerns are top priorities for governments and policy makers when dealing with the regionalism problematic. Hence, legal solutions or proposals are not sufficient to create a better international trade system without the good will of the WTO Members who are, in fact, the players who are striving to craft more regional trade arrangements.
Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.
Book Synopsis International Trade Law and the GATT/WTO Dispute Settlement System by : Ernst-Ulrich Petersmann
Download or read book International Trade Law and the GATT/WTO Dispute Settlement System written by Ernst-Ulrich Petersmann and published by . This book was released on 1997-01-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Book Synopsis Mega-Regional Trade Agreements by : Thilo Rensmann
Download or read book Mega-Regional Trade Agreements written by Thilo Rensmann and published by Springer. This book was released on 2017-07-20 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
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.
Book Synopsis A Handbook on the WTO Dispute Settlement System by : World Trade Organization
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
This book describes the rules governing regional trade agreements, providing new insights into the interplay between regional and multilateral trade rules.
Book Synopsis Regional Rules in the Global Trading System by : Antoni Estevadeordal
Download or read book Regional Rules in the Global Trading System written by Antoni Estevadeordal and published by Cambridge University Press. This book was released on 2009-06-18 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the rules governing regional trade agreements, providing new insights into the interplay between regional and multilateral trade rules.
