The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

Author: Cornelia Furculiță

Publisher:

Published: 2021

Total Pages: 0

ISBN-13: 9783030831196

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This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date. The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.


Book Synopsis The WTO and the New Generation EU FTA Dispute Settlement Mechanisms by : Cornelia Furculiță

Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date. The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

The WTO Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism

Author: Alberto do Amaral Júnior

Publisher: Springer

Published: 2019-04-09

Total Pages: 391

ISBN-13: 3030032639

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This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.


Book Synopsis The WTO Dispute Settlement Mechanism by : Alberto do Amaral Júnior

Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

Author: Cornelia Furculiță

Publisher: Springer Nature

Published: 2021-09-10

Total Pages: 371

ISBN-13: 3030831183

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This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.


Book Synopsis The WTO and the New Generation EU FTA Dispute Settlement Mechanisms by : Cornelia Furculiță

Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by Springer Nature. This book was released on 2021-09-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements & An Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs

Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements & An Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs

Author: Mehmet Karli

Publisher:

Published: 2008

Total Pages: 0

ISBN-13:

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This report consists of two main parts. The first Part is the report entitled 'Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements'. The second part is composed of four different Appendices. These Appendices together form the 'Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs'. The four Appendices are as follows: * Appendix A: First Generation of Dispute Settlement clauses in the EU's RTAs * Appendix B: Comparison of the EU's and the ACP's Negotiation Positions on the Review of the WTO Dispute Settlement Mechanism * Appendix C: Timeline of Disputes under the WTO, the EU-Mexico and the EU-Chile FTAs, and the EU-CARIFORUM EPA * Appendix D: Analytical & Comparative Guide to Dispute Settlement Mechanisms in the WTO, the EU-Mexico FTA, the EU-Chile FTA and the EPAs The Report and the Guide (Appendices) are connected to each other; in that, the Report frequently refers to the tables provided in the Appendices therefore it should be read together with them. On the other hand, the Guide could also be used separately for detailed comparisons across several agreements and could serve negotiators by making it easier for them to draw on other agreement's relevant provisions.


Book Synopsis Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements & An Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs by : Mehmet Karli

Download or read book Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements & An Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs written by Mehmet Karli and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report consists of two main parts. The first Part is the report entitled 'Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements'. The second part is composed of four different Appendices. These Appendices together form the 'Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU's FTAs'. The four Appendices are as follows: * Appendix A: First Generation of Dispute Settlement clauses in the EU's RTAs * Appendix B: Comparison of the EU's and the ACP's Negotiation Positions on the Review of the WTO Dispute Settlement Mechanism * Appendix C: Timeline of Disputes under the WTO, the EU-Mexico and the EU-Chile FTAs, and the EU-CARIFORUM EPA * Appendix D: Analytical & Comparative Guide to Dispute Settlement Mechanisms in the WTO, the EU-Mexico FTA, the EU-Chile FTA and the EPAs The Report and the Guide (Appendices) are connected to each other; in that, the Report frequently refers to the tables provided in the Appendices therefore it should be read together with them. On the other hand, the Guide could also be used separately for detailed comparisons across several agreements and could serve negotiators by making it easier for them to draw on other agreement's relevant provisions.

Understanding Dispute Settlement Mechanisms in the World Trading System

Understanding Dispute Settlement Mechanisms in the World Trading System

Author: Rahmat Mohamad

Publisher:

Published: 2004

Total Pages: 196

ISBN-13:

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Book Synopsis Understanding Dispute Settlement Mechanisms in the World Trading System by : Rahmat Mohamad

Download or read book Understanding Dispute Settlement Mechanisms in the World Trading System written by Rahmat Mohamad and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The EU's Trade Dispute Settlement Mechanism

The EU's Trade Dispute Settlement Mechanism

Author: Jonas Weinberger

Publisher:

Published: 2022

Total Pages: 0

ISBN-13:

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The aim of this contribution is to review the dispute settlement provisions in the EU's trade agreements and assess their evolution in light of their potential to provide a viable alternative for the EU for the currently challenged WTO dispute settlement mechanism. It reviews the theory of dispute settlement mechanisms and looks into the EU's FTAs dispute settlement provisions and analyzes how these have involved over time. This analysis is then put in context of the current broader landscape of dispute settlement in international economic law and WTO dispute settlement. We argue that the EU has shown a strong shift in its bilateral dispute settlement provisions from a diplomatic undertaking to a more judicial mechanism, and is now beginning to test the viability of bilateral dispute settlement in light of the questions surrounding the WTO DSU.


Book Synopsis The EU's Trade Dispute Settlement Mechanism by : Jonas Weinberger

Download or read book The EU's Trade Dispute Settlement Mechanism written by Jonas Weinberger and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this contribution is to review the dispute settlement provisions in the EU's trade agreements and assess their evolution in light of their potential to provide a viable alternative for the EU for the currently challenged WTO dispute settlement mechanism. It reviews the theory of dispute settlement mechanisms and looks into the EU's FTAs dispute settlement provisions and analyzes how these have involved over time. This analysis is then put in context of the current broader landscape of dispute settlement in international economic law and WTO dispute settlement. We argue that the EU has shown a strong shift in its bilateral dispute settlement provisions from a diplomatic undertaking to a more judicial mechanism, and is now beginning to test the viability of bilateral dispute settlement in light of the questions surrounding the WTO DSU.

Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements - is the Quasi-Adjudicative Model a Trend Or is it Just Another Model?

Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements - is the Quasi-Adjudicative Model a Trend Or is it Just Another Model?

Author: Edna Ramírez Robles

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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In this paper, interpretation and application dispute settlement provisions of European Union (EU) Free Trade Agreements (FTAs) signed between 1963 and 2006 are analysed. This will be through the two models of Dispute Settlement in International Law: the political and adjudicative. Political elements of dispute settlement mechanisms in Public International Law and General Agreement of Tariffs and Trade (GATT) served to establish those of the EU FTAs. Adjudicative and quasi-adjudicative elements of dispute settlement mechanisms of Public International Law and World Trade Organization (WTO) Law were used as parameters to set up those of the EU FTAs. These parameters also helped to define a new and unique hybrid model. The features of this model were found in Agreements with trade issues other than FTAs. It is possible, however, for future FTAs to incorporate them. The hybrid model is based on an adjudicative framework and includes both political and adjudicative elements. In conclusion, it was found that even though WTO Members incorporated adjudicative elements in the Dispute Settlement Understanding (DSU), the EU did not incorporate them bilaterally for a further five years. Furthermore, since the creation of the DSU in 1995, the EU has established more FTAs based on a political model than on a quasi-adjudicative. Consequently, the quasi-adjudicative dispute settlement model has not represented a clear trend in EU FTAs.


Book Synopsis Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements - is the Quasi-Adjudicative Model a Trend Or is it Just Another Model? by : Edna Ramírez Robles

Download or read book Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements - is the Quasi-Adjudicative Model a Trend Or is it Just Another Model? written by Edna Ramírez Robles and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, interpretation and application dispute settlement provisions of European Union (EU) Free Trade Agreements (FTAs) signed between 1963 and 2006 are analysed. This will be through the two models of Dispute Settlement in International Law: the political and adjudicative. Political elements of dispute settlement mechanisms in Public International Law and General Agreement of Tariffs and Trade (GATT) served to establish those of the EU FTAs. Adjudicative and quasi-adjudicative elements of dispute settlement mechanisms of Public International Law and World Trade Organization (WTO) Law were used as parameters to set up those of the EU FTAs. These parameters also helped to define a new and unique hybrid model. The features of this model were found in Agreements with trade issues other than FTAs. It is possible, however, for future FTAs to incorporate them. The hybrid model is based on an adjudicative framework and includes both political and adjudicative elements. In conclusion, it was found that even though WTO Members incorporated adjudicative elements in the Dispute Settlement Understanding (DSU), the EU did not incorporate them bilaterally for a further five years. Furthermore, since the creation of the DSU in 1995, the EU has established more FTAs based on a political model than on a quasi-adjudicative. Consequently, the quasi-adjudicative dispute settlement model has not represented a clear trend in EU FTAs.

Regional Trade Agreements and the Multilateral Trading System

Regional Trade Agreements and the Multilateral Trading System

Author: Rohini Acharya

Publisher: Cambridge University Press

Published: 2016-09-22

Total Pages: 753

ISBN-13: 1107161649

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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.

A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System

Author: World Trade Organization

Publisher: Cambridge University Press

Published: 2017-09-14

Total Pages: 417

ISBN-13: 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.


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.

Understanding the EU as a Good Global Actor

Understanding the EU as a Good Global Actor

Author: Fahey, Elaine

Publisher: Edward Elgar Publishing

Published: 2022-10-07

Total Pages: 315

ISBN-13: 1802202986

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This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.


Book Synopsis Understanding the EU as a Good Global Actor by : Fahey, Elaine

Download or read book Understanding the EU as a Good Global Actor written by Fahey, Elaine and published by Edward Elgar Publishing. This book was released on 2022-10-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.