The document summarizes the dispute settlement process under the World Trade Organization (WTO). It discusses how disputes are settled through consultation, panels, appeals, and enforcement of rulings. The goal is for countries to resolve disputes themselves, but the process provides clearly defined stages and timelines to settle disputes through the WTO to encourage compliance with trade rules.
this is uploaded by Mukhdoom waseem qureshi advocate high court Lahore pakistan who is the CEO of Ideal Legal Consultants. for more inoformation you can contact through E-mail or cell: Waseem_qureshi@hotmail.com.cell+92-321-4288000
www.idea
The document summarizes key provisions of the final act of the Uruguay Round agreements. It discusses agreements related to agriculture, sanitary measures, helping least developed countries, textiles and clothing, intellectual property rights (TRIPS), services (GATS), subsidies and countervailing measures (SCM), dumping, and the WTO antidumping agreement. The provisions establish new rules for trade in agriculture, recognize rights of countries to enact health regulations, and provide assistance to developing and food importing countries.
The document summarizes the key aspects of dispute settlement in the World Trade Organization (WTO). It outlines the improvements made relative to the prior GATT system, including establishing automatic procedures for establishing panels and adopting reports. The main stages of dispute settlement under the WTO are described as consultations, panel establishment, panel procedures, appellate review, implementation, and determination of a reasonable period of time for compliance. The document provides an example case between Antigua/Barbuda and the United States regarding gambling services to illustrate how the dispute settlement process works.
The document discusses the dispute settlement process of the World Trade Organization (WTO). It describes that the Dispute Settlement Body (DSB) oversees trade disputes between WTO member governments. If consultations between disputing parties fail to resolve a conflict, the DSB can establish a panel to make a ruling. Panel decisions can be appealed to the WTO's Appellate Body. If a member country does not comply with a ruling, the DSB may allow trade sanctions until compliance is achieved. The process aims to resolve conflicts through consultation or by establishing authoritative rulings to promote fair and open international trade.
WTO trade dispute settlement: starting from the key pointsFAO
Svetlana Zaitseva
FAO
Materials of the workshop on Resolving agricultural trade issues through the WTO organized by FAO in collaboration with Ukraine’s Ministry of Agrarian Policy and Food of Ukraine in Kyiv on June 7, 2017.
http://www.fao.org/economic/est/est-events-new/wtokiev/en/
http://www.fao.org/europe/news/detail-news/en/c/892730/
Trade related investment measures {trims}suyash gunjal
The document discusses the Agreement on Trade-Related Investment Measures (TRIMs) of the WTO. It provides background on TRIMs, including that they prohibit certain trade-related investment measures imposed by countries that discriminate against foreign investment or violate WTO principles. It summarizes a dispute between the US, EU and India involving India's local content requirements and trade balancing requirements in its automotive sector, which were found to be inconsistent with TRIMs. It also notes developing countries' concerns that TRIMs limit their policy space for industrialization.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution that facilitates dispute resolution between international investors and states. It was established in 1966 as an autonomous institution within the World Bank Group. ICSID has 158 member states and provides institutional and procedural support for conciliation commissions and tribunals handling investment disputes based on international law and the laws of the host state.
The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) oversees the settlement of trade disputes between WTO member governments. It comprises representatives from all WTO members who receive instructions from their governments. The DSB is responsible for establishing panels to hear disputes, adopting panel reports, and authorizing retaliation if members fail to comply with rulings. It generally operates by consensus. The WTO Director-General and Secretariat provide administrative support to the DSB and its dispute settlement processes.
this is uploaded by Mukhdoom waseem qureshi advocate high court Lahore pakistan who is the CEO of Ideal Legal Consultants. for more inoformation you can contact through E-mail or cell: Waseem_qureshi@hotmail.com.cell+92-321-4288000
www.idea
The document summarizes key provisions of the final act of the Uruguay Round agreements. It discusses agreements related to agriculture, sanitary measures, helping least developed countries, textiles and clothing, intellectual property rights (TRIPS), services (GATS), subsidies and countervailing measures (SCM), dumping, and the WTO antidumping agreement. The provisions establish new rules for trade in agriculture, recognize rights of countries to enact health regulations, and provide assistance to developing and food importing countries.
The document summarizes the key aspects of dispute settlement in the World Trade Organization (WTO). It outlines the improvements made relative to the prior GATT system, including establishing automatic procedures for establishing panels and adopting reports. The main stages of dispute settlement under the WTO are described as consultations, panel establishment, panel procedures, appellate review, implementation, and determination of a reasonable period of time for compliance. The document provides an example case between Antigua/Barbuda and the United States regarding gambling services to illustrate how the dispute settlement process works.
The document discusses the dispute settlement process of the World Trade Organization (WTO). It describes that the Dispute Settlement Body (DSB) oversees trade disputes between WTO member governments. If consultations between disputing parties fail to resolve a conflict, the DSB can establish a panel to make a ruling. Panel decisions can be appealed to the WTO's Appellate Body. If a member country does not comply with a ruling, the DSB may allow trade sanctions until compliance is achieved. The process aims to resolve conflicts through consultation or by establishing authoritative rulings to promote fair and open international trade.
WTO trade dispute settlement: starting from the key pointsFAO
Svetlana Zaitseva
FAO
Materials of the workshop on Resolving agricultural trade issues through the WTO organized by FAO in collaboration with Ukraine’s Ministry of Agrarian Policy and Food of Ukraine in Kyiv on June 7, 2017.
http://www.fao.org/economic/est/est-events-new/wtokiev/en/
http://www.fao.org/europe/news/detail-news/en/c/892730/
Trade related investment measures {trims}suyash gunjal
The document discusses the Agreement on Trade-Related Investment Measures (TRIMs) of the WTO. It provides background on TRIMs, including that they prohibit certain trade-related investment measures imposed by countries that discriminate against foreign investment or violate WTO principles. It summarizes a dispute between the US, EU and India involving India's local content requirements and trade balancing requirements in its automotive sector, which were found to be inconsistent with TRIMs. It also notes developing countries' concerns that TRIMs limit their policy space for industrialization.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution that facilitates dispute resolution between international investors and states. It was established in 1966 as an autonomous institution within the World Bank Group. ICSID has 158 member states and provides institutional and procedural support for conciliation commissions and tribunals handling investment disputes based on international law and the laws of the host state.
The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) oversees the settlement of trade disputes between WTO member governments. It comprises representatives from all WTO members who receive instructions from their governments. The DSB is responsible for establishing panels to hear disputes, adopting panel reports, and authorizing retaliation if members fail to comply with rulings. It generally operates by consensus. The WTO Director-General and Secretariat provide administrative support to the DSB and its dispute settlement processes.
The document provides an overview of the history and structure of the World Trade Organization (WTO) and the agreements it oversees, including the General Agreement on Tariffs and Trade (GATT). It discusses how GATT established principles like most-favored nation status and national treatment to reduce trade barriers. It also describes the creation of the WTO in 1995 and key agreements on goods, services, intellectual property, agriculture, and dispute settlement. The document outlines the ongoing Doha Round negotiations and challenges in reaching agreements.
This document discusses international trade law and theories of international trade. It begins by defining international trade and outlining the key developments that led to its growth, such as the industrial revolution, imperialism, and advances in transportation and technology. It then lists several advantages and disadvantages of international trade. The main body of the document outlines six economic theories of international trade law: Mercantilist Theory, Classical Theory (including Absolute and Comparative Cost Advantage), Heckscher-Ohlin Theory, and several New Trade Theories including Neo-Technological, Intra-Industry, and Strategic Trade Policy models. Each theory is concisely described.
The document provides an overview of arbitration and the Permanent Court of Arbitration (PCA). It discusses that the PCA was established in 1899 to facilitate arbitration between states. It has 117 member states and provides dispute resolution services for various parties. The document outlines the historical background of the PCA, its composition including the Secretariat, Administrative Council, and panel of experts. It also discusses the PCA's jurisdiction and provides examples of some notable cases it has decided.
international court of jurisdiction-its composition,types of jurisdiction,activities,cases,contentious and advisory jurisdiction,corfu channel case and nuclear weapon case
This document discusses dumping and the conditions for imposing anti-dumping duties. It defines dumping as exporting a product at a lower price in a foreign market than in the domestic market. Dumping can have advantages like penetrating new markets, but also disadvantages like retaliation. Anti-dumping measures aim to counter the trade-distorting effects of dumping and include tariffs and import quotas. For a country to impose anti-dumping duties, there must be evidence of dumping, injury to a domestic industry, and a causal link between the dumping and injury. The effects of anti-dumping laws can be both positive in protecting domestic industries, and negative in creating trade barriers.
An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. To protect local businesses and markets, many countries impose stiff duties on products they believe are being dumped in their national market.
Role of icj in solving internation disputegagan deep
The International Court of Justice (ICJ) helps resolve international disputes through binding judgments. It is the primary judicial branch of the United Nations, composed of 15 judges elected by the UN General Assembly and Security Council. Only states can bring cases to the ICJ, and its jurisdiction is based on state consent. One example is the 1986 case of Nicaragua v. United States, where the ICJ ruled the US violated international law by supporting Contra rebels against Nicaragua's government. While the decision was binding, the US refused to participate and blocked its enforcement, showing the limited power of the ICJ without state cooperation.
Table of Contents
General Agreement on Tariffs and Trade 3
First Phase : 5
Second Phase : 5
Third Phase : 5
OBJECTIVES OF GATT : 5
OBJECTIVES OF GATT : 5
FUNDAMENTAL PRINCIPLES OF GATT : 5
OTHER FUNCTIONS OF GATT : 5
OTHER FUNCTIONS OF GATT : 5
Did GATT succeed? : 6
Slide 20: 6
Slide 21: 6
Slide 22: 6
Slide 23: 6
Slide 24: 6
Difference between GATT & WTO 7
Lesson Three | Principal Legal Obligations under WTO LawSimon Lacey
This is the third in a five-part series of lectures on WTO law and policy given at the Masters in Trade, Investment and Competition (MTIC) Program of the University Pelita Harapan Graduate School
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade and resolves trade disputes between member nations. It was established in 1995 as a successor to the General Agreement on Tariffs and Trade (GATT) and aims to liberalize international trade through negotiations to reduce trade barriers like tariffs. The WTO currently has 164 member countries and seeks to promote open trade for the benefit of global economic growth and development.
The document discusses several United Nations specialized agencies, including UNESCO, UNICEF, the International Labour Organization (ILO), the International Monetary Fund (IMF), and the World Bank. It provides details on the structure, objectives, and activities of each agency. UNESCO works to promote international collaboration in education, science, and culture to further human rights. UNICEF focuses on meeting children's basic needs and expanding their potential worldwide. The ILO aims to improve labour conditions, promote employment, and raise living standards globally.
This document presents an overview of the World Trade Organization (WTO) for a class. It discusses the objectives of understanding the WTO, its structure, role, and relevance. It provides timelines of the International Trade Organization, General Agreement on Tariffs and Trade, and establishment of the WTO. Key points covered include the principles of non-discrimination, free trade, predictability, and fair competition that guide the WTO. The document also examines the WTO's functions, councils, agreements, treatment of developing countries, and concludes that the WTO provides a forum for resolving international trade disputes.
The document provides an overview of the World Trade Organization (WTO). It discusses the origins of the WTO in the General Agreement on Tariffs and Trade (GATT) and the Uruguay Round negotiations that established the WTO in 1995. It describes the WTO's functions of liberalizing trade and providing a framework for resolving trade disputes between members. The document also discusses preferential trade agreements, regional integration efforts like the European Union, and debates around issues like the environment, labor standards, and regionalism.
This document provides an overview of anti-dumping measures and competition law in India. It defines key terms like dumping and anti-dumping duties. Dumping occurs when a foreign producer sells a product in another country at a price below its normal value, such as the price in its home market. Anti-dumping duties are levied to offset injury to domestic industries caused by dumping. The legal framework for anti-dumping in India is outlined, along with differences between anti-dumping duties and normal customs duties. Justifications for anti-dumping duties include protecting domestic industries from predatory pricing by foreign exporters. The World Trade Organization's agreement on anti-dumping is also summarized. Competition law in India
The document provides background information on competition law in India. It discusses how the Monopolies and Restrictive Trade Practices Act (MRTP Act) of 1969 was replaced by the Competition Act of 2002 to promote competition after economic reforms in 1991. The Competition Act established the Competition Commission of India (CCI) to prevent anti-competitive practices. The CCI can investigate abuse of dominant position, mergers and anticompetitive agreements. It has powers to impose penalties and recommend structural changes to enterprises.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is composed of 15 judges elected for 9 year terms who settle legal disputes submitted by states and provide advisory opinions on legal issues. Notable cases include India securing a stay of the death sentence for Kulbhushan Jadhav from Pakistan and the recent reelection of Indian judge Dalveer Bhandari, marking the first time a permanent UN Security Council member lost a candidate for the ICJ. The ICJ plays an important but limited role in international law as it can only hear cases between consenting states.
The document provides information about the history and objectives of the World Trade Organization (WTO) and its predecessor the General Agreement on Tariffs and Trade (GATT). It discusses how GATT was created in 1947 and helped establish rules for international trade. It then explains how the WTO was established in 1995 to replace GATT and now has 160 member countries. The key objectives of the WTO are to liberalize trade, provide a framework for trade agreements and disputes, and help resolve trade issues between countries.
This document summarizes different types of trade restrictions and exceptions under the global trading system, including re-negotiation of tariff concessions, waivers, emergency safeguards, antidumping actions, countervailing duties, restrictions for balance of payments purposes, and general exceptions. It provides details on the rules and processes around each type of restriction. It also discusses debates around certain policies like antidumping, noting criticisms that they can be used protectionistically and impose costs on other countries and consumers.
This document discusses the settlement of international disputes. It defines an international dispute as one that arises between states concerning their relations. It notes that business disputes are increasingly multijurisdictional in nature. The document outlines the different kinds of disputes as political and legal. It then describes the various means of settling disputes peacefully as outlined in the UN Charter, including negotiation, enquiry, mediation, conciliation, arbitration, resort to regional agencies or arrangements, and judicial settlement. For each method, it provides a brief definition and explanation.
The document summarizes the WTO's dispute settlement system. It was established in 1994 to settle trade disputes between WTO members. The Dispute Settlement Body oversees the process and aims to settle disputes through consultations if possible. If consultations fail, a panel is appointed to review the case and issue a ruling. The panel process involves written submissions, hearings, interim reports, reviews, and a final report which becomes a ruling within 60 days unless consensus rejects it. The entire dispute settlement process from initial consultations through appeal can take up to 15 months to complete.
The document presents an overview of the World Trade Organization (WTO). It discusses the objectives, history, structure, principles, agreements, and role of the WTO. The WTO aims to help trade become more smooth, fair, free and predictable through administering trade agreements and resolving disputes between member nations. It also provides special provisions and assistance to developing countries. The WTO's role is to promote open, fair and undistorted global competition through trade liberalization and economic reforms.
The document provides an overview of the history and structure of the World Trade Organization (WTO) and the agreements it oversees, including the General Agreement on Tariffs and Trade (GATT). It discusses how GATT established principles like most-favored nation status and national treatment to reduce trade barriers. It also describes the creation of the WTO in 1995 and key agreements on goods, services, intellectual property, agriculture, and dispute settlement. The document outlines the ongoing Doha Round negotiations and challenges in reaching agreements.
This document discusses international trade law and theories of international trade. It begins by defining international trade and outlining the key developments that led to its growth, such as the industrial revolution, imperialism, and advances in transportation and technology. It then lists several advantages and disadvantages of international trade. The main body of the document outlines six economic theories of international trade law: Mercantilist Theory, Classical Theory (including Absolute and Comparative Cost Advantage), Heckscher-Ohlin Theory, and several New Trade Theories including Neo-Technological, Intra-Industry, and Strategic Trade Policy models. Each theory is concisely described.
The document provides an overview of arbitration and the Permanent Court of Arbitration (PCA). It discusses that the PCA was established in 1899 to facilitate arbitration between states. It has 117 member states and provides dispute resolution services for various parties. The document outlines the historical background of the PCA, its composition including the Secretariat, Administrative Council, and panel of experts. It also discusses the PCA's jurisdiction and provides examples of some notable cases it has decided.
international court of jurisdiction-its composition,types of jurisdiction,activities,cases,contentious and advisory jurisdiction,corfu channel case and nuclear weapon case
This document discusses dumping and the conditions for imposing anti-dumping duties. It defines dumping as exporting a product at a lower price in a foreign market than in the domestic market. Dumping can have advantages like penetrating new markets, but also disadvantages like retaliation. Anti-dumping measures aim to counter the trade-distorting effects of dumping and include tariffs and import quotas. For a country to impose anti-dumping duties, there must be evidence of dumping, injury to a domestic industry, and a causal link between the dumping and injury. The effects of anti-dumping laws can be both positive in protecting domestic industries, and negative in creating trade barriers.
An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. To protect local businesses and markets, many countries impose stiff duties on products they believe are being dumped in their national market.
Role of icj in solving internation disputegagan deep
The International Court of Justice (ICJ) helps resolve international disputes through binding judgments. It is the primary judicial branch of the United Nations, composed of 15 judges elected by the UN General Assembly and Security Council. Only states can bring cases to the ICJ, and its jurisdiction is based on state consent. One example is the 1986 case of Nicaragua v. United States, where the ICJ ruled the US violated international law by supporting Contra rebels against Nicaragua's government. While the decision was binding, the US refused to participate and blocked its enforcement, showing the limited power of the ICJ without state cooperation.
Table of Contents
General Agreement on Tariffs and Trade 3
First Phase : 5
Second Phase : 5
Third Phase : 5
OBJECTIVES OF GATT : 5
OBJECTIVES OF GATT : 5
FUNDAMENTAL PRINCIPLES OF GATT : 5
OTHER FUNCTIONS OF GATT : 5
OTHER FUNCTIONS OF GATT : 5
Did GATT succeed? : 6
Slide 20: 6
Slide 21: 6
Slide 22: 6
Slide 23: 6
Slide 24: 6
Difference between GATT & WTO 7
Lesson Three | Principal Legal Obligations under WTO LawSimon Lacey
This is the third in a five-part series of lectures on WTO law and policy given at the Masters in Trade, Investment and Competition (MTIC) Program of the University Pelita Harapan Graduate School
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade and resolves trade disputes between member nations. It was established in 1995 as a successor to the General Agreement on Tariffs and Trade (GATT) and aims to liberalize international trade through negotiations to reduce trade barriers like tariffs. The WTO currently has 164 member countries and seeks to promote open trade for the benefit of global economic growth and development.
The document discusses several United Nations specialized agencies, including UNESCO, UNICEF, the International Labour Organization (ILO), the International Monetary Fund (IMF), and the World Bank. It provides details on the structure, objectives, and activities of each agency. UNESCO works to promote international collaboration in education, science, and culture to further human rights. UNICEF focuses on meeting children's basic needs and expanding their potential worldwide. The ILO aims to improve labour conditions, promote employment, and raise living standards globally.
This document presents an overview of the World Trade Organization (WTO) for a class. It discusses the objectives of understanding the WTO, its structure, role, and relevance. It provides timelines of the International Trade Organization, General Agreement on Tariffs and Trade, and establishment of the WTO. Key points covered include the principles of non-discrimination, free trade, predictability, and fair competition that guide the WTO. The document also examines the WTO's functions, councils, agreements, treatment of developing countries, and concludes that the WTO provides a forum for resolving international trade disputes.
The document provides an overview of the World Trade Organization (WTO). It discusses the origins of the WTO in the General Agreement on Tariffs and Trade (GATT) and the Uruguay Round negotiations that established the WTO in 1995. It describes the WTO's functions of liberalizing trade and providing a framework for resolving trade disputes between members. The document also discusses preferential trade agreements, regional integration efforts like the European Union, and debates around issues like the environment, labor standards, and regionalism.
This document provides an overview of anti-dumping measures and competition law in India. It defines key terms like dumping and anti-dumping duties. Dumping occurs when a foreign producer sells a product in another country at a price below its normal value, such as the price in its home market. Anti-dumping duties are levied to offset injury to domestic industries caused by dumping. The legal framework for anti-dumping in India is outlined, along with differences between anti-dumping duties and normal customs duties. Justifications for anti-dumping duties include protecting domestic industries from predatory pricing by foreign exporters. The World Trade Organization's agreement on anti-dumping is also summarized. Competition law in India
The document provides background information on competition law in India. It discusses how the Monopolies and Restrictive Trade Practices Act (MRTP Act) of 1969 was replaced by the Competition Act of 2002 to promote competition after economic reforms in 1991. The Competition Act established the Competition Commission of India (CCI) to prevent anti-competitive practices. The CCI can investigate abuse of dominant position, mergers and anticompetitive agreements. It has powers to impose penalties and recommend structural changes to enterprises.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is composed of 15 judges elected for 9 year terms who settle legal disputes submitted by states and provide advisory opinions on legal issues. Notable cases include India securing a stay of the death sentence for Kulbhushan Jadhav from Pakistan and the recent reelection of Indian judge Dalveer Bhandari, marking the first time a permanent UN Security Council member lost a candidate for the ICJ. The ICJ plays an important but limited role in international law as it can only hear cases between consenting states.
The document provides information about the history and objectives of the World Trade Organization (WTO) and its predecessor the General Agreement on Tariffs and Trade (GATT). It discusses how GATT was created in 1947 and helped establish rules for international trade. It then explains how the WTO was established in 1995 to replace GATT and now has 160 member countries. The key objectives of the WTO are to liberalize trade, provide a framework for trade agreements and disputes, and help resolve trade issues between countries.
This document summarizes different types of trade restrictions and exceptions under the global trading system, including re-negotiation of tariff concessions, waivers, emergency safeguards, antidumping actions, countervailing duties, restrictions for balance of payments purposes, and general exceptions. It provides details on the rules and processes around each type of restriction. It also discusses debates around certain policies like antidumping, noting criticisms that they can be used protectionistically and impose costs on other countries and consumers.
This document discusses the settlement of international disputes. It defines an international dispute as one that arises between states concerning their relations. It notes that business disputes are increasingly multijurisdictional in nature. The document outlines the different kinds of disputes as political and legal. It then describes the various means of settling disputes peacefully as outlined in the UN Charter, including negotiation, enquiry, mediation, conciliation, arbitration, resort to regional agencies or arrangements, and judicial settlement. For each method, it provides a brief definition and explanation.
The document summarizes the WTO's dispute settlement system. It was established in 1994 to settle trade disputes between WTO members. The Dispute Settlement Body oversees the process and aims to settle disputes through consultations if possible. If consultations fail, a panel is appointed to review the case and issue a ruling. The panel process involves written submissions, hearings, interim reports, reviews, and a final report which becomes a ruling within 60 days unless consensus rejects it. The entire dispute settlement process from initial consultations through appeal can take up to 15 months to complete.
The document presents an overview of the World Trade Organization (WTO). It discusses the objectives, history, structure, principles, agreements, and role of the WTO. The WTO aims to help trade become more smooth, fair, free and predictable through administering trade agreements and resolving disputes between member nations. It also provides special provisions and assistance to developing countries. The WTO's role is to promote open, fair and undistorted global competition through trade liberalization and economic reforms.
The document provides information about the World Trade Organization (WTO). It notes that the WTO was established on January 1, 1995 and succeeded the General Agreement on Tariffs and Trade (GATT). The WTO aims to supervise and liberalize international trade between its 153 member countries. It has an annual budget of 196 million Swiss francs and 629 staff members. The WTO seeks to promote free trade and resolve trade disputes between countries.
The document provides an overview of the World Trade Organization (WTO) and its relevance to India. It discusses that the WTO was formed in 1995 to replace the General Agreement on Tariffs and Trade (GATT). The objectives of the WTO include promoting multilateral trade and reducing barriers to free trade. India is a founding member of the WTO and the organization's rules have impacted India's agriculture, services, and intellectual property sectors. The document also outlines some of the key WTO agreements such as GATT, GATS, TRIPS, and provisions related to market access, domestic support, and export subsidies in agriculture.
Intellectual property and international trade enforcement and dispute settlem...Susan Isiko
enforcement, TRIPS, TRIPS provisions, criminal procedures, civil procedures, border measures, remedies, China Case, WIPO practice, dispute settlement, enforcement of IP under WIPO, building respect for IP, teaching, education
This document discusses intellectual property rights (IPR) transfers between US and foreign companies. It provides several reasons why companies transfer IPR, such as licensing trademarks or knowhow to foreign companies in exchange for fees. The document also discusses international treaties that help standardize and protect IPR, such as the Paris Convention (for patents and trademarks), the Patent Cooperation Treaty, European Patent Convention, Madrid Protocol (for trademarks), and the Uniform Domain Name Dispute Resolution Policy. These treaties aim to reduce discrimination against foreign IPR holders and establish common application processes across multiple countries.
Salient features of indian constitution iSunit Kapoor
The salient features of the Indian constitution include it being the largest and most detailed written constitution in the world, with a parliamentary form of government and a unique blend of rigidity and flexibility. It establishes fundamental rights and directive principles of state policy, forms a federation with a strong central government, ensures adult suffrage, independence of the judiciary, secularism, fundamental duties, single citizenship, emergency provisions, all India integrated services, and an official language of India.
The document lists and briefly describes several major international agencies that facilitate economic cooperation and development: the International Monetary Fund (IMF), World Bank, World Trade Organization (WTO), International Financial Corporation (IFC), International Development Association (IDA), Bank for International Settlements (BIS), Organization for Economic Co-operation and Development (OECD), and regional development agencies. These agencies promote international monetary cooperation, free trade, private enterprise, economic development, and reconstruction through activities like providing temporary funds, loans, investment, and risk insurance.
The document discusses key aspects of dispute settlement in the WTO. It describes the following in 3 sentences or less:
1) The dispute settlement system provides a quasi-judicial process for resolving trade disputes between WTO members in a timely manner to ensure compliance with trade agreements.
2) When a dispute arises, there are steps for consultations, establishment of a panel, panel procedures including fact finding and report drafting, potential appellate review, and implementation of rulings.
3) The process aims to clarify WTO agreements and preserve members' rights and obligations, with consequences if a member does not comply with the final ruling.
Cemex's aggressive global expansion through acquisitions led to a cash crunch as the company struggled with high debt from its acquisitions. The document discusses Cemex's history of acquisitions from the 1980s onwards that transformed it from a Mexican company into a global cement producer. However, the strategy of rapid expansion through acquisitions left the company highly leveraged, which caused financial difficulties when the economic recession hit in 2008.
The document discusses India's foreign trade performance and policies. It notes that India's share of global exports is only 0.8% and outlines government efforts to increase this, such as setting a goal of doubling India's share of global trade by 2009. Specific policies and initiatives discussed include lines of credit for other countries, reducing transaction costs, and sector-specific incentives for agriculture, textiles and services.
Globalization refers to the increasing economic interdependence between countries through rising cross-border trade, financial flows, and technology diffusion. It has been enabled by advances like the internet, cheaper travel, and a common global language of business. While money, goods, and people can move more freely than ever before, global connectivity remains uneven - with some regions and populations more integrated than others.
CEMEX has benefited from globalization through risk mitigation, access to local resources and capital accumulation, no need for local product adaptation, increased market share, improved plant efficiency, and better management practices. Globalization allows CEMEX to achieve economies of scale, reach new customer segments, and increase research and development. Going forward, CEMEX should focus on establishing a global culture, expanding through mergers and acquisitions, entering new markets to avoid hostile takeovers, investing in R&D and quality, leveraging IT, targeting emerging markets like BRICS nations, and considering factors like EBITDA, culture, geography, and stability when selecting new countries.
The ILO was established in 1919 after World War 1 to promote social justice and decent working conditions. It has 178 member states and unique tripartite governance structure involving governments, employers, and workers representatives. The ILO is devoted to advancing opportunities for all people to have decent and productive work through conventions addressing issues like child labor, discrimination, forced labor, freedom of association. It monitors compliance through committees and provides technical assistance to help countries implement convention standards.
This document provides an overview of trade unions, the International Labour Organization (ILO), and their objectives. It discusses [1] the meaning and need for trade unions, problems they face, and the objectives and organs of the ILO. The ILO aims to promote social justice and decent working conditions globally. It establishes labor standards, collects data, and provides technical assistance through its Conference, Governing Body, and International Labour Office. The overall purpose is improving conditions for workers worldwide.
The WTO was established in 1995 to replace the GATT due to its limitations. It oversees international trade and provides a framework for negotiating trade agreements and resolving disputes. It is member-driven and makes decisions by consensus. The WTO aims to help trade flow smoothly and deals specifically with trade in goods, services, and intellectual property. It also provides support for developing countries and organizes trade negotiations like the Doha Round.
CEMEX is baed out of Mexico and is one of the top ten producers of cement in world. This presentation is study of cement industry illustrating some frameworks used in Strategy Management.
The European Union consists of 27 member states with over 500 million people. It was founded after World War 2 to promote peace and prosperity in Europe. It has expanded from its original 6 countries to 27 today. Key symbols of the EU include the European flag, anthem, and motto of "United in diversity." The euro is the single currency used by many EU states. The largest countries by population are Germany, France, the UK, Italy and Spain.
Bashar H. Malkawi The WTO Dispute Settlement Mechanism: Realities and SolutionsBashar H Malkawi
The document discusses the WTO dispute settlement mechanism. It begins by outlining the main stages of dispute resolution: 1) the consultation stage, 2) the litigation/panel stage, and 3) the implementation stage. It then addresses several questions, including how long disputes take on average to resolve (one to 1.5 years depending on appeals), whether the system supports developing countries (it provides some provisions for differential treatment but they are not always effective), and differences between the WTO and GATT mechanisms.
The document summarizes the dispute settlement process of the World Trade Organization (WTO). It discusses that the WTO Dispute Settlement Understanding established more stringent rules and deadlines for resolving disputes compared to prior GATT system. It outlines the key steps in a WTO dispute proceeding including consultations, establishing a panel, panel proceedings, appeals, and possible retaliation if a member does not comply with a ruling. Congress has expressed concerns about some WTO dispute results and proposals have been made to reform and improve aspects of the dispute settlement process.
World Trade Organisation's Dispute Settlement ProcedurePatrick Aboku
A presentation on the World Trade Organisation's Dispute Settlement Procedure under the Dispute Settlement Understanding Administered by the Dispute Settlement Body
Arbitration is a form of private dispute resolution where an impartial third party, such as an individual arbitrator or arbitration panel, makes a binding decision after hearing arguments and reviewing evidence from both sides. Key aspects of arbitration include that the disputing parties agree to hand over decision-making power to the arbitrator(s), it provides an alternative to litigation and aims for a fair resolution without unnecessary delay or expense, and the arbitrator's award is generally final and enforceable in the same way as a court judgment. Arbitration is commonly used to resolve commercial, consumer, and labor/employment disputes in a private process governed by state and federal law.
This document discusses various methods for resolving international commercial and business disputes. It notes that international litigation can be complicated by differences in judicial systems and challenges enforcing judgments across borders. The International Court of Justice allows disputes between nations but not individuals. Arbitration and mediation provide alternatives where a neutral third party decides the outcome (arbitration) or makes non-binding suggestions to reach a settlement (mediation). Other options include negotiation, expert determination, and utilizing dispute resolution processes under international treaties like the World Trade Organization. Overall, the best approach is to prevent disputes through risk management and carefully drafting contracts.
The document discusses the dispute settlement process of the World Trade Organization (WTO). It describes that the Dispute Settlement Body (DSB) oversees trade disputes between WTO member governments. If consultations between disputing parties fail to resolve a conflict, the DSB can establish a panel to make a ruling. Panel decisions can be appealed to the WTO's Appellate Body. If a member country does not comply with a ruling, the DSB may allow trade sanctions until compliance is achieved. The process aims to resolve conflicts through consultation or binding arbitration to promote fair and open international trade.
This document discusses alternative dispute resolution (ADR). It defines arbitration and describes its advantages as being cheaper, faster, and allowing parties more control over the process compared to litigation. The document outlines different types of ADR like mediation, conciliation, and negotiation. It notes that ADR provides confidentiality, uses experienced neutral parties, and takes a cooperative approach. The document also discusses disadvantages like potential unequal bargaining power between parties and lack of precedent. Overall, it analyzes the pros and cons of using ADR to resolve disputes compared to traditional litigation.
The document discusses various provisions of the Arbitration and Conciliation Act relating to arbitration procedures and awards. It provides details on:
- How arbitral tribunals should decide disputes both in domestic and international commercial arbitrations.
- Timelines for arbitral awards and provisions for fast-track procedures if agreed by parties.
- Contents required in an arbitral award and the tribunal's power to determine costs.
- Grounds and process for setting aside an arbitral award.
· IntroductionArbitration refers to dispute resolution is .docxoswald1horne84988
· Introduction
Arbitration refers to dispute resolution is it is a sort of private judicial determination of a given dispute usually by an independent third party. It can involve independent arbitrators or a tribunal that has any given number of arbitrators although in some legal systems, recommend that arbitrators be of an odd number so that they cannot tie. The parties that are disputing normally hand their powers to the arbitrators who should decide on dispute. In one hand, arbitration can be an alternative to a court action. It is also wise to note that arbitration process is so binding. The main aim of arbitrating is to get just and fair resolution of disputes by a third party who are impartial with no delay or much expense. The parties that are involved in a dispute also have to agree on the process of the dispute resolution and courts are not allowed to interfere. These are some principles of arbitration.
Negotiation on the other hand is a dialogue between two or more parties or individuals with the intention of reaching a beneficial outcome on any dispute or conflict(Derains & Schwartz, 2015). In negotiation, the parties should allow each other enough opportunities to be heard so that the conflict can be solved peacefully without involving the courts.
· Arbitration of disputes in Saudi Arabia
In Saudi Arabia, the body that paramount in law is the Shariah. This is a collection or principles that are founded from different given sources such as from the Islamic Holy Quran as well as from the Sunnah that are also based on four Islamic school of jurisprudence; the Hanbali, Hanafi, Maliki and Shafi. There are some statutory enactments that are not present in Saudi Arabian law, such as the law that governs mortgages and other security interests. Shariah Law is also founded from legislation that is adopted in different forms ranging from royal decrees, Council of Ministers resolutions, ministerial resolutions, and even departmental circulars. However, it is good to note that these laws and regulations are in most cases in conflict with the provisions of Shariah because their applications do not align with Islamic principles.
The Basic Law for instance came into action in 1992 and the King during this time dealt with any matter that arose in society. Both the Basic Law, the Consultative Law, the Council of Ministers Law as well as the Provincial Councils Law were all done by the royal king and he also had powers to removal any of them when he decided. In addition, the royal decrees were used in approving any international treaty or concession, amendments or any other enactments that were recommended by the council of ministers(Baamir, 2016). This same council of ministers is given the permission to adopt any resolutions that regulate given issues without any decree from the royalking. On the other hand, resolutions of ministers can be used by any minister according to the power given to then by the given law. These are also the resolution.
The document discusses alternative dispute resolution (ADR) mechanisms for resolving disputes in the construction industry, specifically focusing on arbitration and mediation. It provides an overview of arbitration, including that it is a binding process where disputing parties agree to have a neutral third party make a final decision. The arbitration process and advantages/disadvantages are summarized. Mediation is also summarized, noting it is a voluntary process where a neutral third party facilitates negotiations between disputing parties but does not make a binding ruling. Key aspects of mediation like types, the mediator's role, and typical mediation sessions are highlighted.
The document discusses the main principles of the World Trade Organization (WTO) and evaluates its effectiveness in resolving international trade disputes. It outlines the key principles of WTO including non-discrimination, transparency, fairness, and flexibility for developing countries. It then describes the dispute settlement process from consultation to panel to appeals. Examples of trade disputes like the tuna-dolphin and banana cases are provided. While WTO has had some successes resolving disputes, issues remain like the US failing to comply in the Boeing case and disputes between EU and US taking years to resolve.
The document discusses arbitration agreements, types of arbitration awards, and enforcement of arbitral awards in India. It defines an arbitration agreement as an agreement where parties consent to resolve disputes through a third-party arbitrator instead of courts. There are different types of arbitration awards including interim, partial, consent, and final awards. Arbitral awards issued in countries that have signed the New York Convention are generally enforceable in India. The document provides details on the procedures for challenging and enforcing awards in India based on the Arbitration and Conciliation Act.
Dispute settlement in the WTO aims to secure compliance with trade agreements through a quasi-judicial process involving consultations, panel establishment, panel and appellate review, implementation of rulings, and authorization of retaliation if needed. The key players are the Dispute Settlement Body, panels and the Appellate Body. The main procedures include consultations, panel establishment, panel review, adoption of reports, implementation, and possible retaliation in the form of suspension of trade concessions if a member does not comply with rulings. The system provides security and predictability for the multilateral trading system.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
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International dispute settlement room for innovationsSpringer
The document discusses the WTO dispute settlement system and how it compares to principles of the rule of law. It makes three key points:
1. The WTO system has evolved from the old GATT system which was non-binding and relied on diplomacy, to a rules-based system where disputes are compulsory, outcomes are binding, and there are enforcement mechanisms. This brings it more in line with the rule of law.
2. However, the system still has some weaknesses in terms of independence and separation of powers. Panels lack permanence and independence, while the Appellate Body's renewable terms could undermine independence. There is also an imbalance with legislative negotiations stalling.
3. As
This document discusses employee grievances and industrial disputes in India. It defines an employee grievance as a complaint raised by a worker against their employer. Common causes of grievances include issues related to compensation, work conditions, supervision and organizational changes. The document outlines the processes of conciliation, arbitration and adjudication used to resolve grievances and maintain discipline in industries. It also examines the meaning and causes of industrial disputes and how prevention and settlement of disputes is approached in India through mechanisms like standing orders, codes of discipline, and conciliation boards.
The President of India has promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 on 23.10.2015 bringing revolutionary changes i.e. no more departmental arbitrators, case to be completed within 12 months etc.
The document discusses key aspects of the WTO's dispute settlement procedure:
1) The dispute settlement body steps in immediately when a member files a complaint against another and decisions must be made within 1-1.5 years depending on appeals.
2) Offending countries must change their policies to comply with WTO rules or face penalties and sanctions.
3) The dispute settlement system is considered the backbone of the global trading system due to its ability to enforce rules through penalties.
The document discusses key aspects of the WTO's dispute settlement procedure:
1) The dispute settlement body steps in immediately when a member files a complaint against another and decisions must be made within 1-1.5 years depending on appeals.
2) Offending countries must change policies according to WTO rules or face penalties and sanctions.
3) The dispute settlement system is considered the backbone of the global trading system due to its ability to penalize non-compliant members.
Arbitration is an alternative dispute resolution process where disputes are decided by an impartial third party, called an arbitrator, rather than a court. The arbitrator's decision is legally binding for both sides. Arbitration is commonly used to resolve commercial disputes, especially in international transactions, and sometimes for consumer and employment matters. It can be voluntary or mandatory according to a contract or statute. The key advantages of arbitration are that the parties have more control over the selection of the arbitrator and process, it is often faster than litigation, and arbitration awards are more easily enforced internationally under treaties. However, arbitration also has disadvantages like limited rights to appeal decisions.
Similar to Dispute settlement body under world trade organisation (20)
The document defines and describes different types of business level strategies:
1) Differentiation strategy - Providing unique value to customers through superior product features, quality, service, or image rather than lowest price. Companies like Rolex and Intel use this strategy.
2) Focused low-cost strategy - Competing on price while targeting a specific market segment, like Philips India's flat TV segment.
3) Focused differentiation strategy - Competing based on differentiation while targeting a narrow customer segment, like companies serving specific government customers.
4) Integrated low-cost/differentiation strategy - A strategy that may become more popular, allowing companies to produce differentiated products at lower costs by leveraging
This document discusses several major food crops and their production and trade globally. It provides details on the climate, soil and land requirements for key crops like wheat and rice. Wheat thrives in temperate grasslands and is a staple in many countries. Rice is important in tropical areas and feeds over half the world's population. The largest wheat and rice producers are China, India, the US and Russia. Major exporters of crops like wheat, rice and corn include the US, Australia and Canada, while importers are in Europe, Asia, and Africa. The document analyzes production and trade of these vital food crops worldwide.
Water is essential for life but availability is decreasing due to human and natural factors. It exists in different forms on Earth including oceans, ice/snow, groundwater, lakes, rivers and streams. The main uses of water are agricultural irrigation, domestic, industrial, thermoelectric and recreational activities. However, population growth, climate change, overuse and pollution have led to freshwater shortage in many regions. Effective management strategies are needed to conserve water resources and resolve conflicts over access to ensure sufficient water for all.
The document discusses various topics related to agriculture including factors affecting agriculture, types of farming, and agricultural crops. It provides details on major cereal crops (wheat, rice, maize, rye, oats, millets, barley), beverages (tea, coffee, cacao, tobacco), and their production patterns and trade. Physical factors like climate and soil, as well as socio-economic factors influence agriculture. Different crops are suited to different climates and farming methods. Major producers and consumers of different crops are discussed.
There are two main sources of energy: conventional and non-conventional. Conventional sources include wood, flowing water, and fossil fuels like coal, petroleum, and natural gas. Non-conventional sources consist of solar, wind, biomass, ocean, geothermal, and nuclear energy. Various institutions collect data on worldwide energy consumption and production. Energy policy governs a country's approach to energy development, production, distribution, and consumption through legislation, treaties, and economic incentives and disincentives. A country's energy policy establishes goals for self-sufficiency, future energy sources and consumption, environmental standards, and mechanisms to implement the overall policy.
Constitutional provisions for environmental protectionKiran Prasad Naik
The document discusses the evolution of environmental protection provisions in the Indian constitution. It notes that initially the constitution did not have explicit environmental protection provisions. However, provisions like Article 47 implied the need for a pollution-free environment. The 1972 Stockholm Conference raised awareness of environmental issues globally. In response, India introduced Articles 48A and 51A(g) in 1976 to mandate environmental protection as a directive principle and fundamental duty. Further amendments expanded legislative powers to enact environmental laws and assigned environmental roles to local governments. The judiciary has also interpreted fundamental rights like right to life to include the right to a healthy environment. Overall, the constitution has been amended over time to strengthen environmental governance in India.
The document summarizes the Environment (Protection) Act of 1986 in India. The key points are:
1) The Act was passed by Parliament to provide for protecting and improving the environment in India and to implement the decisions of the 1972 UN Conference on the Human Environment.
2) It gives powers to the central government to take measures to protect and improve environmental quality, including establishing standards for pollution emissions, restricting industries in certain areas, handling hazardous materials, and enforcing compliance.
3) The Act defines terms like pollution, hazardous substances, and occupier. It also outlines rules for regulating environmental pollution from industries and handling of hazardous substances.
Participative management encourages involvement of stakeholders at all levels in problem analysis, strategy development, and solution implementation. It invites employees to share in decision making through activities like setting goals and work schedules. Four processes - information sharing, training, employee decision making, and rewards - create employee involvement when pushed down to lower levels. Benefits include innovation, efficiency, timeliness, employee satisfaction, motivation, quality, and less supervision needs. Requirements include managers relinquishing some control and a slow, phased approach to change employees' ideas about management style.
There are two main categories of intermediaries in indirect channels: domestic agents and domestic merchants. Domestic agents do not take title of goods, may or may not have possession, represent the manufacturer, and work for a commission or fee. Domestic merchants always take title of goods, may or may not have possession, do not represent the manufacturer, have decision-making power, work for a profit, and undertake risk. Common types of intermediaries include export brokers, manufacturer's export agents, export management companies, cooperative exporters, and purchasing/buying agents.
Creating customer value is the driving force behind a company's goals, and identifying the appropriate customer value measure is not an easy task. Adding services, relationships, and experiences differentiates company offerings in the market. No real customer value exists without a close relationship with customers to understand their needs and provide sophisticated customer interactions.
This document is the Foreign Trade (Development and Regulation) Act of 1992 from India. It aims to facilitate imports and exports to develop and regulate foreign trade. Some key points:
- It gives the Central Government power to regulate imports/exports and formulate export/import policies through orders.
- No one can import/export without an Importer-Exporter Code Number granted by authorities. Code Numbers can be suspended/cancelled for violations.
- Licenses are required for certain imports/exports and can be granted, renewed, suspended or cancelled.
- It establishes authorities to adjudicate violations, impose penalties/confiscations, and hear appeals. Violators may be penalized or have goods confiscated.
This document outlines rules related to foreign trade regulation in India as notified by the Ministry of Commerce. Some key points:
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2. It details license application procedures and fees, as well as conditions like restrictions on transfers and requirements that goods be new.
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This order exempts certain imports from rules related to foreign trade. It exempts imports by government entities for defense purposes, imports ordered through certain government purchase organizations, imports transhipped as ships stores or for diplomatic/UN personnel, imports bonded for duty-free shops, imports in transit through India, imports for transmission across India, passenger baggage within limits, small imports for personal use, imports by diplomatic/consular/UN personnel, re-imports of repaired goods, and certain temporary imports for display. The order defines key terms and comes into force on publication in the official gazette.
This chapter provides a preliminary introduction to conflict of laws rules and concepts. Conflict of laws is relevant to international commercial law because transactions often involve parties from different countries subject to different laws. Two cases, Oceanic Sun Line Special Shipping Co Inc v Fay and Voth v Manildra Flour Mills Pty Ltd, are summarized to illustrate how conflicts rules determine what law governs in international commercial disputes and transactions.
International arbitration is the most commonly used process for resolving commercial disputes between transnational parties. There are two main types - ad hoc arbitration, which is flexible but requires party cooperation, and institutional arbitration, which is administered by an arbitration organization. Mediation is also used, where a neutral party helps negotiate a settlement, but it is non-binding and parties can withdraw at any time. The Permanent Court of Arbitration in The Hague is the oldest international dispute resolution organization and handles cases between states as well as between states and private parties.
The Duty Entitlement Passbook Scheme is an export incentive scheme provided by the Indian government to exporters. It issues a duty entitlement passbook to exporters after export, providing a predetermined amount of credit based on the FOB value of exports. The credit can only be used to offset duties payable by the exporter and cannot be withdrawn or used for other purposes. The aim is to offset exporters' import duties and promote exports.
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The document discusses segmenting rural consumers and the bases for rural market segmentation. It identifies that rural consumers are heterogeneous and segmentation is needed. It outlines socioeconomic, geographic, psychographic, and consumer behavior factors for segmentation. The Thompson Rural Market Index is also summarized, which assesses rural market potential across 26 factors for 355 districts in India.
The document discusses various ethical issues related to marketing and products, including deceptive practices, unsafe products that cause injuries, and the lack of responsibility taken by governments and companies. It presents three theories of ethical duties that businesses have towards consumers: [1] the contract theory, which focuses on fulfilling contractual obligations; [2] the due care theory, which emphasizes businesses exercising care in design, production and providing information to consumers; and [3] the social costs theory, whereby manufacturers should pay costs of any injuries caused by product defects, even with due care taken.
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Dispute settlement body under world trade organisation
1. DISPUTE SETTLEMENT BODY UNDER WORLD TRADE ORGANISATION
Dispute settlement is the central pillar of the multilateral trading system, and the WTO’s unique
contribution to the stability of the global economy. Without a means of settling disputes, the
rules-based system would be less effective because the rules could not be enforced. The WTO’s
procedure underscores the rule of law, and it makes the trading system more secure and
predictable. The system is based on clearly-defined rules, with timetables for completing a case.
First rulings are made by a panel and endorsed (or rejected) by the WTO’s full membership.
Appeals based on points of law are possible.
However, the point is not to pass judgment. The priority is to settle disputes, through
consultations if possible. By January 2008, only about 136 of the nearly 369 cases had reached
the full panel process. Most of the rest have either been notified as settled “out of court” or
remain in a prolonged consultation phase — some since 1995.
Disputes in the WTO are essentially about broken promises. WTO members have agreed that if
they believe fellow-members are violating trade rules, they will use the multilateral system of
settling disputes instead of taking action unilaterally. That means abiding by the agreed
procedures, and respecting judgements.
A dispute arises when one country adopts a trade policy measure or takes some action that one
or more fellow-WTO members considers to be breaking the WTO agreements, or to be a failure
to live up to obligations. A third group of countries can declare that they have an interest in the
case and enjoy some rights.
A procedure for settling disputes existed under the old GATT, but it had no fixed timetables,
rulings were easier to block, and many cases dragged on for a long time inconclusively. The
Uruguay Round agreement introduced a more structured process with more clearly defined
stages in the procedure. It introduced greater discipline for the length of time a case should
take to be settled, with flexible deadlines set in various stages of the procedure. The agreement
emphasizes that prompt settlement is essential if the WTO is to function effectively. It sets out
in considerable detail the procedures and the timetable to be followed in resolving disputes. If
a case runs its full course to a first ruling, it should not normally take more than about one year
— 15 months if the case is appealed. The agreed time limits are flexible, and if the case is
considered urgent (e.g. if perishable goods are involved), it is accelerated as much as possible.
The Uruguay Round agreement also made it impossible for the country losing a case to block
the adoption of the ruling. Under the previous GATT procedure, rulings could only be adopted
by consensus, meaning that a single objection could block the ruling. Now, rulings are
automatically adopted unless there is a consensus to reject a ruling — any country wanting to
2. block a ruling has to persuade all other WTO members (including its adversary in the case) to
share its view.
Although much of the procedure does resemble a court or tribunal, the preferred solution is for
the countries concerned to discuss their problems and settle the dispute by themselves. The
first stage is therefore consultations between the governments concerned, and even when the
case has progressed to other stages, consultation
60 days Consultations, mediation, etc and mediation are still always possible.
How long to settle a dispute?
45 days Panel set up and panellists
These approximate periods for each stage of a
appointed
dispute settlement procedure are target figures —
the agreement is flexible. In addition, the countries
can settle their dispute themselves at any stage.
6 months Final panel report to parties
Totals are also approximate.
3 weeks Final panel report to WTO
members
60 days Dispute Settlement Body adopts
report (if no appeal)
Total = 1 (without appeal)
year
60-90 Appeals report
days
30 DAYS Dispute Settlement Body adopts
appeals report
Total = 1y (with appeal)
3m
3. How are disputes settled?
Settling disputes is the responsibility of the Dispute Settlement Body (the General Council in
another guise), which consists of all WTO members. The Dispute Settlement Body has the sole
authority to establish “panels” of experts to consider the case, and to accept or reject the
panels’ findings or the results of an appeal. It monitors the implementation of the rulings and
recommendations, and has the power to authorize retaliation when a country does not comply
with a ruling.
First stage: consultation (up to 60 days). Before taking any other actions the countries in
dispute have to talk to each other to see if they can settle their differences by themselves. If
that fails, they can also ask the WTO director-general to mediate or try to help in any other
way.
Second stage: the panel (up to 45 days for a panel to be appointed, plus 6 months for the panel
to conclude). If consultations fail, the complaining country can ask for a panel to be appointed.
The country “in the dock” can block the creation of a panel once, but when the Dispute
Settlement Body meets for a second time, the appointment can no longer be blocked (unless
there is a consensus against appointing the panel).
Officially, the panel is helping the Dispute Settlement Body make rulings or recommendations.
But because the panel’s report can only be rejected by consensus in the Dispute Settlement
Body, its conclusions are difficult to overturn. The panel’s findings have to be based on the
agreements cited.
The panel’s final report should normally be given to the parties to the dispute within six
months. In cases of urgency, including those concerning perishable goods, the deadline is
shortened to three months.
The agreement describes in some detail how the panels are to work. The main stages are:
Before the first hearing: each side in the dispute presents its case in writing to the panel.
First hearing: the case for the complaining country and defense: the complaining country (or
countries), the responding country, and those that have announced they have an interest in the
dispute, make their case at the panel’s first hearing.
Rebuttals: the countries involved submit written rebuttals and present oral arguments at the
panel’s second meeting.
Experts: if one side raises scientific or other technical matters, the panel may consult experts or
appoint an expert review group to prepare an advisory report.
4. First draft: the panel submits the descriptive (factual and argument) sections of its report to
the two sides, giving them two weeks to comment. This report does not include findings and
conclusions.
Interim report: The panel then submits an interim report, including its findings and conclusions,
to the two sides, giving them one week to ask for a review.
Review: The period of review must not exceed two weeks. During that time, the panel may
hold additional meetings with the two sides.
Final report: A final report is submitted to the two sides and three weeks later, it is circulated to
all WTO members. If the panel decides that the disputed trade measure does break a WTO
agreement or an obligation, it recommends that the measure be made to conform with WTO
rules. The panel may suggest how this could be done.
The report becomes a ruling: The report becomes the Dispute Settlement Body’s ruling or
recommendation within 60 days unless a consensus rejects it. Both sides can appeal the report
(and in some cases both sides do).
Appeals
Either side can appeal a panel’s ruling. Sometimes both sides do so. Appeals have to be based
on points of law such as legal interpretation — they cannot reexamine existing evidence or
examine new issues.
Each appeal is heard by three members of a permanent seven-member Appellate Body set up
by the Dispute Settlement Body and broadly representing the range of WTO membership.
Members of the Appellate Body have four-year terms. They have to be individuals with
recognized standing in the field of law and international trade, not affiliated with any
government.
The appeal can uphold, modify or reverse the panel’s legal findings and conclusions. Normally
appeals should not last more than 60 days, with an absolute maximum of 90 days.
The Dispute Settlement Body has to accept or reject the appeals report within 30 days — and
rejection is only possible by consensus.
The case has been decided: what next?
Go directly to jail. Do not pass Go, do not collect …. Well, not exactly. But the sentiments apply.
If a country has done something wrong, it should swiftly correct its fault. And if it continues to
5. break an agreement, it should offer compensation or suffer a suitable penalty that has some
bite.
Even once the case has been decided, there is more to do before trade sanctions (the
conventional form of penalty) are imposed. The priority at this stage is for the losing
“defendant” to bring its policy into line with the ruling or recommendations. The dispute
settlement agreement stresses that “prompt compliance with recommendations or rulings of
the DSB [Dispute Settlement Body] is essential in order to ensure effective resolution of
disputes to the benefit of all Members”.
If the country that is the target of the complaint loses, it must follow the recommendations of
the panel report or the appeals report. It must state its intention to do so at a Dispute
Settlement Body meeting held within 30 days of the report’s adoption. If complying with the
recommendation immediately proves impractical, the member will be given a “reasonable
period of time” to do so. If it fails to act within this period, it has to enter into negotiations with
the complaining country (or countries) in order to determine mutually-acceptable
compensation — for instance, tariff reductions in areas of particular interest to the complaining
side.
If after 20 days, no satisfactory compensation is agreed, the complaining side may ask the
Dispute Settlement Body for permission to impose limited trade sanctions (“suspend
concessions or obligations”) against the other side. The Dispute Settlement Body must grant
this authorization within 30 days of the expiry of the “reasonable period of time” unless there is
a consensus against the request.
In principle, the sanctions should be imposed in the same sector as the dispute. If this is not
practical or if it would not be effective, the sanctions can be imposed in a different sector of the
same agreement. In turn, if this is not effective or practicable and if the circumstances are
serious enough, the action can be taken under another agreement. The objective is to minimize
the chances of actions spilling over into unrelated sectors while at the same time allowing the
actions to be effective.
In any case, the Dispute Settlement Body monitors how adopted rulings are implemented. Any
outstanding case remains on its agenda until the issue is resolved.
6. DISPUTE SETTLEMENT SUMMARY
The power to settle international disputes with binding authority distinguishes the World Trade
Organization from most other intergovernmental institutions. The Understanding on Rules and
Procedures Governing the Settlement of Disputes gives the WTO unprecedented power to
resolve trade-related conflicts between nations and assign penalties and compensation to the
parties involved.
Dispute settlement is administered by a Dispute Settlement Body (DSB) that consists of the
WTO's General Council. The DSB has the authority to "establish panels, adopt panel and
Appellate Body reports, maintain surveillance of implementation of rulings and
recommendations, and authorize suspension of concessions and other obligations." The
Dispute Settlement system aims to resolve disputes by clarifying the rules of the multilateral
trading system; it cannot legislate or promulgate new rules.
When a Member believes that another party has taken an action that impairs “benefits
accruing to it directly or indirectly” under the Uruguay Round Agreements, it may request
consultations to resolve the conflict through informal negotiations. If consultations fail to yield
mutually acceptable outcomes after 60 days, Members may request the establishment of a
panel to resolve the dispute. Panels typically consist of three individuals with expertise in
international trade law and policy; these panelists hear the evidence and present a report to
the DSB recommending a course of action within six months. The panel can solicit information
and technical advice from any relevant source, though it is not required to do so. Only
submissions from Members are guaranteed to be heard, although in rare cases, panels have
consulted submissions from interested non-governmental organizations. Third-party member
nations may also involve themselves in the dispute settlement process. All deliberations and
communications are confidential, and only the final panel reports become part of the public
record.
Once panel reports have been prepared, they are presented to the Dispute Settlement Body,
which either adopts the report or decides by consensus not to accept it. Alternatively, if one of
the parties involved decides to appeal the decision, the report will not be considered for
adoption until the completion of the appeal.
In the case of an appeal, a three-person Appellate Body chosen from a standing pool of seven
persons will assess the soundness of the panel report’s legal reasoning and procedure. An
Appellate Body report is adopted unconditionally unless the DSB votes by consensus not to
accept its findings within 30 days of circulation to the membership.
7. The primary goal of dispute settlement is to ensure national compliance with multilateral trade
rules. Accordingly, the Dispute Settlement Body encourages Members to their make best
possible efforts to bring legislation into compliance with the panel ruling within a “reasonable
period of time” established by the parties to the dispute. If a Member does not comply with
rulings, the DSB can authorize the complainant to suspend commitments and concessions to
the violating Member. In general, complainants are encouraged to suspend concessions with
respect to the same sector as the subject of the dispute; however, if complainants find this
ineffective or impracticable, they may suspend concessions in other sectors of the same
Agreement or even under separate Agreements. Ecuador, for example, suspended its TRIPs
commitments to the European Union in retaliation against the EU’s non-compliance with panel
rulings in the goods-based Banana dispute.
Some groups, such as the Center for International Environmental Law, have criticized the
dispute settlement process for its lack of transparency and democratic accountability, as well as
for a perceived insensitivity to environmental and social standards. The increasing use of the
system by developing countries, however, is one indicator of its institutional success.
Ultimately, the dispute settlement system is a significant milestone in the development of a
rules-based multilateral trading system.
8. ASSIGNMENT ON
INTERNATIONAL BUSINESS LAW
TOPIC :
DISPUTE SETTLEMENT BODY UNDER WTO
SUBMITTED BY: PRADEEP K
REGISTER NUM: 112200013
CLASS: 2 ND YR MBA IB
UNIVERSITY COLLEGE MANGALORE