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Dissertations / Theses on the topic 'Dispute settlement'
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1
Katjiuongua, Vivienne Elke. "Towards stakeholder participation in the initiation of WTO disputes : A case study for Namibia and SACU." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5376_1233670341.
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<p>The participation of African countries in the Dispute Settlement System (DSS) of the Worlt Trade Organisation ( WTO) is insignificant. This research seeks to find a suitable model/mechanism which meets the particular needs of developing countries. The practical aim of this reseach was to enhance active participation of various stakeholders in developing countries who may be adversely affected or who face potential damage by unfair trade pracices of other players in the brutal and complex battleground of world trade. Thus the research seeks to suggest a suitable legal framework which can be utilised by stakeholders in African countries as part of the process of trade dispute initiation when their interests are threatened or adversely affected.</p>
2
McCosker, Sarah. "Law and Diplomacy in International Dispute Settlement." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.508381.
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Zhang, Qi. "Consultation within WTO dispute settlement : a Chinese perspective /." Bern [u.a.] : Lang, 2007. http://www.loc.gov/catdir/toc/fy0710/2006048870.html.
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Mitchell, Andrew D. "The role of principles in WTO dispute settlement." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431500.
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Shucksmith-Wesley, Marc. "The Falklands (Malvinas) dispute : a critique of international law and the pacific settlement of disputes." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52214/.
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This thesis brings a focusing lens on one of history’s most intractable and protracted territorial disputes, that between the United Kingdom and Argentina over the non-self-governing territory known as the Falklands (Malvinas), an archipelago of 200 islands, some 480 miles north-east of Cape Horn, Argentina. For Argentina, the ‘Malvinas are a constantly bleeding wound, flesh torn from the body that is Argentina’. To the United Kingdom, the territory represents one of the last vestiges of its once vast empire, having held effective control of the territory since 1833, other than for a short period in 1982 following an Argentine use of military force. The facts, history, law, and politics of this dispute all act in concert to create a picture that is so highly nebulous that a clear view as to which State should hold territorial sovereignty has yet to emerge, with there being legitimately argued positions in favour of both disputing States. At the heart of this thesis is a critical analysis of the history, the legal arguments, and the methodologies of international lawyers in order to examine the effectiveness of international law as a dispute settlement mechanism. In doing so, this thesis ascertains whether international law has a role to play in resolving this most entrenched of international disputes. This re-evaluation of the value of international law, through a critical lens, argues that international law does have the potential to assist in the resolution of the dispute. However, this is only possible if political leaders are ready to grasp on to that opportunity, and to make use of diplomatic means of dispute settlement, at the critical moment when the dispute becomes ripe, at times of significant political change. It is in these moments that international law could prove to be the guiding hand that may assist with the normalisation of relations between Argentina and the UK.
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Pfumorodze, Jimcall. "WTO dispute settlement: challenges faced by developing countries in the implementation and enforcement of the Dispute Settlement Body (DSB) recommendations and rulings." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6761_1219309592.
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<p>Aims of the research paper is to examine the legal framework <br>of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant <br> <br>is a developing country.</p>
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Koopmans, Sven Michael George. "Diplomatic dispute settlement : the use of inter-state conciliation." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670090.
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Wang, Yinan. "Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System." Miami University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534.
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Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.
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The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to reach the most appropriate and balanced resolution from both parties' viewpoint. Impartiality is, in this context, a key element when determining the most suitable method for resolving expropriation disputes. This is so considering that the reason for the abandonment of diplomatic protection and litigation as methods for resolving expropriation disputes was concerns over their partiality towards one of the disputants. Currently, with the proliferation of investment treaties, treaty-based arbitration has become the most popular method for resolving such disputes. However, the suitability of treaty-based arbitration is criticised as a process which is likely to be partial in favour of investors and their investment protection rights. Such a partiality is likely to be found in treaty-based arbitration's origin, substance and procedural aspects. Therefore, it can be argued that there is room for mediation as an alternative dispute resolution method to be adopted and supplemented arbitration for settlement of petroleum expropriation disputes. In fact, mediation enjoys various qualities which makes it especially attractive for such disputes, including its time and cost efficiency, its ability to explore win-win settlement options and to save the disputing parties' relationship, and the flexibility and collaborative nature of the process. More importantly, its self-determination principle is a feature which guarantees the impartiality of mediation. However, mediation, like other dispute resolution methods, is not without its disadvantages. It faces challenges with regard to its voluntary and non-binding nature, confidentiality, its inability to deal with the political overtones of petroleum expropriation disputes, its retarding effect on jurisprudence development and disputants' lack of familiarity with the process. Nonetheless, having proposed some solutions to these shortcomings, this thesis concludes that mediation should be used and encouraged more systematically for resolving petroleum expropriation disputes.
10
Filippidis, Mariel Solange. "Developing a dispute settlement system for the free trade area of the Americas : a comparison of some aspects of the dispute settlement mechanisms of the GATTWTO and certain regional and bilateral dispute settlement systems of the western hemisphere." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21680.
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Within the context of the current negotiations over the Free Trade Area of the Americas, there is an unquestionable need to create a system to resolve disputes that may arise between the state parties. Since new dispute settlement systems are often developed by borrowing and learning from past experiences, this thesis examines and compares certain aspects of the dispute settlement mechanisms of the World Trade Organization and certain regional and bilateral agreements signed in the western hemisphere. The result of the analysis is a set of proposals about which of these aspects could be effectively integrated into the design of the dispute settlement system of the Free Trade Area of the Americas.
11
PAN, Xiaoming. "Improving the Implementation System in the WTO Dispute Settlement Mechanism." 名古屋大学大学院国際開発研究科, 2012. http://hdl.handle.net/2237/16246.
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Chandaengerwa, Fiona Nyarai. "Towards a regional investment dispute settlement system an African perspective." University of the Western Cape, 2017. http://hdl.handle.net/11394/5958.
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Magister Legum - LLM (Mercantile and Labour Law)<br>Foreign investment was believed to have been fostered by states signing
bilateral investment treaties (BITS) and multilateral investment treaties as a
way of protecting investors. The proliferation of such agreements has been
exponential over the past century. Unlike trade, the regulation of investment
is largely fragmented as no comprehensive multilateral accord exists.
International investment flows are protected by a disintegrated system of
approximately 3328 international investment agreements (IIAs) and 300 free
trade agreements (FTAs) with investment chapters. These agreements
include binding provisions on the standards of protection for the foreign
investors, such as national treatment, fair and equitable treatment, and
liberal repatriation of funds. The most fundamental feature of IIAs is that
investors can assert their rights against host counties directly before
transnational arbitration tribunals.
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Sánchez-Arriaga, Alejandro. "Dispute settlement understanding of the WTO : implications for developing countries." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81233.
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In 1995 the WTO began functioning as an institution that aims at reducing the trade barriers between countries. The Dispute Settlement Understanding (DSU) is one of the numerous agreements that bind the WTO Members. The agreement embodies a mechanism to solve disputes which presents many obstacles to Developing Countries. This thesis seeks to shed light on the difficulties that Developing Countries commonly face when attempting to put forward a trade complaint. Taking into account the factors that cause the problematic situation, proposals for improvement are also given. Special attention is paid to the current negotiations to reform the DSU in the context of the Doha Round.
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VanLuit, Frederick M. "Alternative dispute resolution: a case analysis of a negotiated settlement." Thesis, Monterey, California. Naval Postgraduate School, 1994. http://hdl.handle.net/10945/42925.
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Approved for public release, distribution unlimited<br>The advent of personal computers, workstations, and multiple interconnected Local Area Networks at the Naval Postgraduate School (NPS), Monterey, California, has resulted in significant distribution, redundancy, and fragmentation of the data elements and databases necessary to effectively manage the organization. This thesis addresses this issue by accomplishing the following two goals. First, it develops a high-level model of the organization's information architecture through the use of the Information Engineering methodology, with automated support from the Texas Instruments' Integrated Computer Aided Software Engineering (I-CASE) tool Information Engineering Facility (IEF). Based on the high-level model it then provides an analysis of data management architecture alternatives to address the current problems. The thesis main recommendation is for the implementation of a client/server information processing architecture at NPS. The enterprise and information architecture analyses provide additional recommendations to improve the current NPS organizational Structure.
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Bahri, Amrita. "Public private partnership in WTO dispute settlement : enabling developing countries." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/6242/.
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The doctoral research investigates the nature and elements of domestic mechanisms, including public private partnership (PPP) procedures, devised for the management of WTO disputes in selected developed and developing countries. With China, Brazil and India as its case-studies, the research explores various strategies to devise an effective PPP mechanism for handling international trade disputes in developing countries. The research objective is to explore the benefits of engaging the private sector in the intergovernmental process of WTO dispute settlement, and to identify the reforms that will be needed for devising a workable domestic framework for handling foreign trade disputes through PPP arrangements. The research highlights important issues and concerns that need consideration before any legal, institutional, regulatory and procedural reforms are carried out. Moreover, the research seeks to enable developing countries to critically evaluate a diverse range of PPP strategies employed so far, and to determine their individual approaches towards PPP and dispute management. The thesis constitutes a practical guidebook for policymakers in those developing countries which have the motivation to strengthen their WTO dispute settlement capacities. The topical area of research and pragmatic approach towards research questions, together with an empirical research methodology makes this study an original contribution to existing literature and knowledge.
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Nowakowski, Jesse. "A Critical Examination of Investor State Dispute Settlement in Canada." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39144.
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This study critically examines rulings of Investor State Dispute Settlement (ISDS) tribunals. Under the North American Free Trade Agreement’s (NAFTA) Chapter 11, ISDS provides foreign investors with the tools to launch a claim against signatory countries should they feel their investment was inhibited by local regulations. Empirically this study draws upon Windstream Energy LLC. v. the Government of Canada as a case study to analyze the competing responses exchanged during the tribunal’s hearings. The claim by Windstream Energy LLC against the Government of Ontario (GoO) serves as both a central and relevant example for examining the ramifications of ISDS, as it is one of Canada’s most recent defeats featuring the largest award outside a pre-tribunal ISDS settlement. Information was drawn from tribunal documents, referred to as a Memorial and Counter Memorial, which outline each party’s argument and supporting claims. Additionally, the tribunal publishes their final decision and justifications. A critical discourse analysis method, theoretically informed by the corporate crime literature and Gramsci’s theory of hegemony, helps in critically examining the economic, political, and cultural assumptions that influenced the tribunal’s decision and the state’s approach to foreign investment. Overall, dominant voices reinforced neoliberal beliefs about transnational market expectations and the role of the state under a globalized capitalist system. Justifications rooted in market logics prioritized the accumulation of foreign capital over the potential dangers of Windstream’s project. Ultimately, it is the inclusion of corporate safeguards, like ISDS, in free trade pacts that help to (re)produce neoliberal capitalist ideals and further reinforce status-quo economic relations.
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Walters, Zeph. "Evaluating the enforcement of World Trade Organisation dispute settlement decisions." University of Western Cape, 2019. http://hdl.handle.net/11394/7563.
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Magister Legum - LLM<br>The World Trade Organisation (WTO) deals with regulation of trade in goods, services and
intellectual property between participating countries by providing a framework for negotiating
trade agreements.1 Furthermore, it has implemented a dispute resolution process aimed at
enforcing participants' adherence to WTO agreements. Ideally, all WTO member states have
‘a level playing field’ in terms of access and equal rights under the dispute settlement
mechanism. Disputes should be resolved in a fair and impartial manner. However, the WTO’s
DSS has been criticised for being undemocratic, non-transparent and accountable to none.
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Tse, Lai Yee Lily. "WTO dispute settlement mechanism implementation issues and the way forward /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454386a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2008.<br>"The School of Law, City University of Hong Kong, dissertation." "Programme: MAADR, LW6409A" Title from PDF t.p. (viewed on June 1, 2009) Includes bibliographical references.
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Martin, Sara <1996>. "BRI e Investor - State Dispute Settlement: verso una nuova direzione?" Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19384.
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Con l’implemento del progetto cinese della Via della Seta è emersa la necessità di individuare un meccanismo di risoluzione delle controversie appropriato, in grado di regolare i rapporti tra gli stati coinvolti. I trattati bilaterali d’investimento stipulati nei primi anni del XXI secolo secondo il diritto internazionale vedevano per lo più l’impiego del Centro per la Risoluzione delle Dispute in materia di Investimenti (ICSID) e di altri organismi delle Nazioni Unite. L’affermazione della Cina come nuova potenza economica globale e l’adesione di numerosi Paesi Europei e Asiatici all’iniziativa Belt and Road, hanno fatto emergere la necessità di un diritto e un regolamento creati ad hoc per la regolazione dei rapporti economici e commerciali tra gli attori coinvolti, in virtù di una nuova concezione di cooperazione inter statale e di sviluppo.
Attraverso l’analisi qualitativa degli organismi internazionali di risoluzione delle controversie convenzionali e recenti, questa tesi si propone di indagare la necessità o meno della creazione di nuove istituzioni e organismi che regolino le dispute tra i paesi aderenti al progetto cinese.
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Filippidis, Mariel Solange. "Developing a dispute settlement system for the Free Trade Area of the Americas, a comparison of some aspects of the dispute settlement mechanisms of the GATT/WTO and certain regional and bilateral dispute settlement systems of the western hemisphere." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0023/MQ50931.pdf.
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Dhlamini, Phumelele Tracy. "The World Trade Organization (WTO) Appellate Body crisis: A critical analysis." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33713.
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The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis.
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Brolin, Matilda. "Procedural Agreements in WTO Disputes : An Analysis of the Agreements Concluded to Address the Sequencing Problem in the WTO Dispute Settlement System." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-248111.
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The World Trade Organization has its own binding dispute settlement system. To ensure compliance with the outcome of the dispute settlement procedures, the claimant Member is authorized to retaliate in case the respondent Member fails to comply within a certain period of time. However, the rules and procedures regarding retaliation and determination of compliance are ambiguous and have caused an interpretational problem called the sequencing problem. To address the problem, the parties to any dispute generally conclude bilateral ad hoc procedural agreements. However, by examining the procedural agreements concluded to date and by analyzing the potential problems of these agreements, this thesis concludes that due to the dependence on the will of the parties and the uncertain legal status of the agreements, the procedural agreements do not constitute a satisfactory method for addressing the sequencing problem. Alternatives such as amendments to the dispute settlement rules, an authoritative interpretation of them or ― if consensus cannot be reached soon ― clarification by means of a precedent from the Appellate Body, should be considered and attempted.
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Dixon, Gregory. "Trading For Votes: Domestic and International Institutions and Their Influence on Trade Disputes Under the GATT and WTO." Diss., The University of Arizona, 2007. http://hdl.handle.net/10150/195667.
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This project explores the impact of international and domestic institutions on the decisions of political leaders. A theory of two-level institutional incentives is developed that seeks to explain how institutional context at the domestic and international levels affects the incentives, and thus the behavior of political leaders when making decisions related to trade policy. This theory argues that the institutional context in which political leaders make policy decisions has a significant effect on their decision-making. Further, the institutional context must include both domestic and international institutions. Building on previous work on the impact of institutions at both the domestic and international levels, this project seeks to test the theory of institutional incentives in the context of trade disputes under the GATT and WTO.A series of empirical tests are conducted using a dataset of GATT disputes combined with a new dataset of disputes under the WTO. These tests demonstrate strong support for the theories set forth in this project that domestic and international institutions combine to affect the behavior of political leaders. Domestic institutions affect the impact of international institutions and vice versa. This project extends previous work in two-level institutional incentives by demonstrating that institutional change at both levels has significant effects on the behavior of political leaders.
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Magezi, Tom Samuel. "The WTO dispute settlement system and African countries :a prolonged slumber?" Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This thesis seeks to investigate the lack of participation by African countries in the WTO Dispute Settlement System by first providing an overview of the Dispute Settlement Understanding (DSU) system and, secondly by explaining the reasons that forestall the participation of African countries.
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Pettersson, Marcus. "On the Applicability of non-WTO Law in WTO Dispute Settlement." Thesis, Uppsala universitet, Juridiska institutionen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-181450.
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Guillou, Solen Anne. "What future for the WTO dispute settlement system?, the European perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64278.pdf.
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Wilckens, Sebastian [Verfasser]. "An economic analysis of the WTO's dispute settlement system / Sebastian Wilckens." Kiel : Universitätsbibliothek Kiel, 2009. http://d-nb.info/1019810610/34.
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Guillou, Solen Anne. "What future for the WTO dispute settlement system? : the European perspective." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30302.
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On the eve of the launch of the first round of multilateral negotiations within the framework of the new WTO system, the so-called Millennium Round---which may be officially opened by the Seattle Ministerial Conference on 30 November 1999---the review of the WTO dispute settlement system should deserve the attention of WTO Members as one of the most essential topics to be considered.<br>Within this context, this thesis raises the question whether the future developments of the WTO dispute settlement system could be influenced by the successful European model.<br>In an attempt to answer this question, this thesis first highlights the grounds on which the EC approach to the GATT dispute settlement system has changed so that the EC has finally become an active supporter for "judicialization" of the new system (Introductory Part). The impact of the new WTO dispute settlement system on the EC participation in its development is then analysed (Part I). Finally, the last part of this thesis focuses on the reasons of the EC success in order to conclude to its potential influence on the further developments of the WTO dispute settlement system (Part II).
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Perl, Shoshana. "Transatlantic dispute settlement : two-level games and the Helms-Burton Act." Thesis, London School of Economics and Political Science (University of London), 2005. http://etheses.lse.ac.uk/1827/.
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This empirical study examines the question of why the United States persisted in enacting unilateral sanctions during the 1990s, given the increasing constraints, particularly by the European Union, in trade and investment policy. It selects the Helms-Burton Act of 1996 as its case study, a bill that not only tightened the long-standing American embargo against Cuba, but also incorporated extraterritorial aspects that purported to regulate third countries' legitimate rights to trade with that island nation. The European Union was particularly disturbed by the bill's extraterritoriality, and took the decision to request a WTO Dispute Settlement Panel. Out of concern that their dispute may irreparably damage the fledgling WTO, Washington and Brussels embarked on lengthy bilateral negotiations that resulted in an accord that suspended the WTO panel. As the United States did not implement the requisite changes to Helms-Burton, the agreement remains inchoate. This thesis argues that Helms-Burton was a particularly ill-conceived piece of legislation. It strives to understand why the United States acted in this irrational manner by opening up the 'black box' of the state to examine internal constraints on the formation of foreign policy. Putnam's two-level game provides the analytic framework within which the thesis evaluates the simultaneous responses of domestic (Level II) and international (Level I) influences. The thesis investigates the domestic American politics that led to the passage of Helms-Burton, and the intergovernmental tensions at play in the EU's decision to request a WTO panel, both Level II. It then examines the protagonists' strategies at the Level I international bargaining table, where statesmen are simultaneously constrained by what other nations will accept and by what domestic constituencies will ratify. It concludes with an analysis of how the EU successfully overcame its Level II national preferences to ratify the agreement, whilst the US defaulted. This thesis argues that Brussels' mounting of a WTO action was crucial in bringing the United States to the negotiating table and that the EU won the greater gains in these negotiations.
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Martinez, Janet Kathryn Griffin 1951. "International dispute settlement system design : analysis of the World Trade Organization." Thesis, Massachusetts Institute of Technology, 2004. http://hdl.handle.net/1721.1/28786.
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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 2004.<br>Includes bibliographical references (p. 237-241).<br>The dispute settlement process established by the World Trade Organization (WTO) in 1994, (the "DSU"), has drawn widespread attention. While the DSU is the most used international dispute settlement process, it is geared to resolving complaints by one country against another concerning enforcement of the WTO rules and obligations. This research has examined the WTO in two dimensions: first, how does the DSU fit within a larger system of processes for resolving policy making and implementation, as well as enforcement disputes. Secondly, how do those processes measure up to the characteristics of effective dispute resolution. In answer to the first question, I have categorized policy disputes into three orders: first-order disputes in policymaking, second-order disputes in policy implementation, and third-order disputes in policy enforcement. The same issues, e.g., agricultural subsidies or intellectual property, emerge in all three dispute orders. First-order disputes are resolved by all WTO members through consensus-based negotiation. The negotiation experience of the last four multilateral trade negotiations--the Kennedy Round, the Tokyo Round, the Uruguay Round and the pending Doha Round--are assessed. Second-order disputes are considered by all WTO members through operating committees and the Trade Policy Review Mechanism. Third-order disputes are resolved through the DSU; 304 cases were submitted from January 1, 1995 to December 31, 2003. More effective dispute resolution processes tend to exhibit a number of characteristics: they involve lower transactions costs in terms of economics, time, bureaucracy, diplomacy and opportunity; parties are satisfied with the outcome and the process; relationships among the affected parties<br>(cont.) are not damaged; and recurrence of the problem among the same and other parties is minimized. This research suggests that the three dispute orders be considered as an integrated system of dispute settlement. In doing so, the WTO--and other international institutions--can achieve more effective resolution of policy problems by taking advantage of the relative strengths available through each dispute order settlement process.<br>by Janet Kathryn Griffin Martinez.<br>Ph.D.
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Greyling, Minette Ilse. "The World Trade Organisation : international trade, dispute settlement & the environment." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53695.
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Thesis (MA)--Stellenbosch University, 2003.<br>ENGLISH ABSTRACT: The norms governing international trade on the one hand, and sustainable development on the
other, have both different origins and objectives. This is the central problem that will be addressed
in this research assignment, by analysing the structure, functioning and future of the World Trade
Organisation Dispute Settlement Mechanism (DSM). Though there has been a significant shift from
politics to legality, the dispute settlement system is still far from perfect. When looking at recent
environmental trade disputes, the stress placed on the system is revealed. ••
The focus is on the impact of environmental disputes on the nature and functioning of the DSM,
and how these disputes have contributed to the development of international trade law, and the
concept of sustainable development. These will all contribute to a greater understanding of the
interaction of the World Trade Organisation and the multilateral trading system, and the future role
the WTO should play on the agenda for sustainable development.<br>AFRIKAANSE OPSOMMING: Die norme wat enersyds internasionale handel, en andersyds volhoubare ontwikkeling beheer, het
uiteenlopende oorspronge en doelstellings. Hierdie is die sentrale probleem wat deur hierdie
navorsingsverslag aangespreek word, te wete deur die struktuur, funksionering en toekoms van
die Wereldhandelsorganisasie (WHO) Dispute Settlement Mechanism (DSM) te analiseer. Hierdie
dispuutskikkingstelsel is nog steeds nie volmaak nie, ten spyte daarvan dat daar reeds 'n
betekenisvolle verskuiwing van politiek tot wetlikheid plaasgevind het. As daar na onlangse
omgewingshandelsdispute gekyk word, kom die druk wat op die stelsel geplaas word, duidelik na
vore.
Die fokus word dus met hierdie navorsingsverslag geplaas op die impak wat omgewingsdispute op
die aard en funksionering van die DSM het, en hoe die dispute bygedra het tot die ontwikkeling van
internasional handelswette asook op die konsep van volhoubare ontwikkeling. Hierdie fokus
behoort by te dra tot 'n groter begrip tot die interaksie tussen die Wereldhandelsorganisasie (WHO)
en die multilaterale handelstelsels, asook op die toekomstige rol wat die WHO behoort te speel
met betrekking tot die agenda vir volhoubare ontwikkeling.
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Breuss, Fritz. "WTO dispute settlement from an economic perspective. More failure than success?" Forschungsinstitut für Europafragen, WU Vienna University of Economics and Business, 2001. http://epub.wu.ac.at/1046/1/document.pdf.
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Since its inception in 1995, more than 200 disputes have been raised under the WTO Dispute Settlement Understanding (DSU). In spite of the obvious numerical success of the DS system of the WTO, in practice several shortcomings call for institutional and/or procedural change. This analysis deals with the economic aspects of the DS system. First, it turns out that the WTO DS system seems to be "biased". The larger and richer trading nations (USA, EU) are the main users of this system, either because of the larger involvement in world trade, or because the LDCs simply lack the legal resources. Second, in taking advantage of recent theoretical explanations of the WTO system in general (trade talks) and the DS system in particular (aberrations from WTO compliance can lead to trade wars) one can theoretically derive the relative robust result concerning the present practice of the WTO DS system: retaliation with tariffs is ineffective, distorts allocation and is difficult to control. This is also demonstrated in an CGE model analysis for the most popular disputes between the EU and the USA: the Hormones, the Bananas and the FSC cases. The major conclusion of our economic evaluation is that the DS system of retaliation should be changed towards a transfer-like retaliation system. (author's abstract)<br>Series: EI Working Papers / Europainstitut
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Zimmermann, Claus D. "Essays on the law and economics of international economic dispute settlement." Paris 1, 2012. http://www.theses.fr/2012PA010047.
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Faisant appel à des cadres méthodologiques d'économie du droit et d'économie politique, cette thèse en quatre articles entreprend une analyse de différents aspects clés du règlement des différends économiques internationaux, tout particulièrement du règlement des différends tel qu'entrepris sous les auspices de l'Organisation Mondiale du Commerce (OMC). Les aspects clés ainsi analysés concernent la décision des parties signataires d'un traité international d'accorder ou de refuser le droit de porter plainte à des personnes privées, leur choix de l'arsenal de contre-mesures ainsi que des détails relatifs aux mécanismes de mise en œuvre. L'article 1 analyse les fondements économiques du pouvoir que possèdent les gouvernements des pays membres de l'OMC de s'interposer en tant que filtres politiques ex ante de potentiels litiges, tout en contrastant cette analyse avec ce que l'on peut observer dans le domaine des investissements étrangers. L'article 2 se penche sur un thème d'économie du droit plus« classique» en démontrant que, même s'il n'a pas été conçu expressément pour encourager la rupture efficiente des obligations contenues dans les accords de l'OMC, le mécanisme actuel de règlement des différends à l'OMC facilite, de facto, le non-respect temporaire du droit de l'OMC. L'article 3 examine les principales alternatives à des mesures de rétorsion en tant que mesures de dernier recours. L'article 4 identifie les déficits de l'analyse conventionnel de pourquoi le système de règlement des différends à l'OMC n'a pas été équipé de mesures correctives rétrospectives mais seulement prospectives.
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Schulze-Marmeling, Sebastian. "Conflict at work and external dispute settlement : a cross-country comparison." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/conflict-at-work-and-external-dispute-settlement--a-crosscountry-comparison(f7b7c186-5541-418e-be6a-3bc3b6b311fa).html.
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The focus of both academic and public debate on the expression of work-related conflict has long been focused on strikes. Substantial declines in collective disputes have been associated with more harmonious and less conflict-laden employment relations. This research deals with another, often forgotten form in which conflict is manifested, namely the settlement of individual conflicts through labour courts or employment tribunals. Its aim is to explore and explain differences in application rates to national judicial bodies both across countries and over time. Using a novel database on 23 European Union Member States, it is found that a substantial degree of variance exists; claim rates across Europe differ substantially, and countries have developed along different lines. The explosion of court applications is found to be exceptional, and stability or volatility is identified in the large bulk of EU Member States. In order to explain cross-sectional and time differences, the research draws on wide range of literature, develops a new procedural concept of conflict, and proposes a comparative neo-institutionalist framework accounting for both institutions and actors. The theoretical discussion elaborates three sets of arguments to predict claim incidence. First, it is argued that the existence of comprehensive collective industrial relations institutions, particularly employee workplace representation and collective agreements, tend to reduce the frequency of labour court claims. Second, the amount and complexity of employment regulation is argued to have an impact on the incidence of court applications. Finally, cyclical economic conditions and individual characteristics of the potential grievant are expected to predict the phenomenon. Empirical evidence is presented from a range of different data sources, such as national administrative data and large-scale surveys for three country case studies on France, Germany and the United Kingdom. Findings support that all three sets of explanations contribute to the explanation of the incidence of labour court claims. Moreover, data seem to confirm the need for an interdisciplinary approach drawing on different bodies of literature.
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Ortiz-Mena, L. N. Antonio. "The politics of institutional choice : international trade and dispute settlement mechanisms /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 2001. http://wwwlib.umi.com/cr/ucsd/fullcit?p3031945.
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Wallace, Goring Namitasha. "The CARICOM dispute settlement mechanism : an analysis of the infringement and enforcement institutions and procedures based on a review of the WTO and EU dispute settlement regimes." Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=185858.
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The proliferation of regional trading agreements around the world has changed the landscape of international trade law from a multi-polar system anchored in the nationstate to one where there are groups of closely-knit sovereign nations. They are usually drawn along geographical lines and are conducting trade with one another in a myriad of ways. This craze for trade deals is sure to give rise to disputes that are an inescapable outcome of the bilateral, regional and international agreements that contain the will of these nations to engage in greater co-operation with one another. As such, it has become necessary to design reliable dispute settlement mechanisms for the settlement of trade related disputes for the effective functioning of the trading agreements. Dispute settlement systems have progressed from being unsophisticated and diplomacy oriented as typified by that of the GATT to the highly legalized adjudication based mechanism that is the crowning glory of the WTO. This trend has been followed by other trading organizations that have modified their dispute settlement mechanisms to become more legalistic. CARICOM is a reborn regional trading bloc in the Caribbean and in lock step with the trend of other trading clubs has augmented its dispute settlement mechanism with a long awaited regional court and other non-binding alternative dispute resolution methods to avert legal clashes. This thesis examines the progress of the CARICOM dispute settlement mechanism from its originally diplomatic procedures to its enhanced legalistic system. A standing judicial institution in CARICOM is a coming of age for this region and its jurisprudence now referred to as CARICOM law. These significant legal advances raise many normative questions about the adequacy of the dispute settlement institutions and whether the rules and processes are clearly defined to enable nascent CARICOM law to be the primary tool by which there can be effective regulation of CARICOM integration. In order to answer these questions this thesis reviews the dispute settlement mechanisms of the WTO and the EU as the natural ‘parents’ of the CARICOM dispute settlement system.
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Wilking, Felix. "The enforcement and setting aside of mediation settlement agreements : a comparison between German and international commercial mediation." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16938.
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Includes bibliographical references<br>The number of disputes solved through mediation has increased steadily over the last centuries. A mediation settlement agreement is supposed to end a dispute. But from time to time it can be the beginning of a new dispute. Parties to the mediation settlement agreement might want to get rid of it meanwhile the other party seeks for enforcement of the agreement. This minor dissertation examines the possibilities of the parties as to the questions of enforcing and setting aside of mediation settlement agreements in Germany and in international mediation. It furthermore deals with the attempts of international unification through the EU Directive 2008/52/EC and the proposed UNCITRAL Convention on International Commercial Mediation and Conciliation.
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Kulovesi, Kati. "The WTO dispute settlement system and the challenge of environment and legitimacy." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2173/.
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This thesis analyses the legitimacy of the WTO dispute settlement system, especially in the context of disputes involving questions concerning environmental protection. It argues that since the early 1990s, such disputes have posed important challenges to the legitimacy of the WTO. From the legal point of view, they have fuelled a lively doctrinal debate on fragmentation of international law and the role of non-WTO norms in the WTO dispute resolution mechanism. The thesis conceives legitimacy as a notion consisting of various interlinked components, including social, substantive, formal and procedural ones, and analyses the operation of the WTO dispute settlement system in light of these criteria. It shows that the compulsory but materially restricted jurisdiction of the WTO dispute settlement limits its ability to solve disputes involving non-trade interests and legal norms. The dissertation argues, however, that some of the ensuing problems could be remedied if the WTO dispute settlement system approached international environmental law in a more constructive, consistent and transparent manner. Turning to the formal and procedural elements of legitimacy, the thesis conceives the situation of the WTO dispute settlement system as a dilemma between the pressure to improve substantive legitimacy by considering environmental norms and interests, and the need to observe the limits of its judicial function. It explores tensions at the boundary between the WTO and its Member States, arguing that only limited potential exists to enhance the authority of the WTO dispute settlement through 'importing' substantive legitimacy. Finally, the dissertation highlights institutional and systemic problems arising from fragmentation of international law. Using the relationship between the WTO and the international climate change regime as an example, it concludes that the WTO dispute settlement system's legitimacy challenge involves two dimensions. Certain unexploited potential exists to improve the situation through the judicial techniques at the disposal of the WTO dispute settlement system. However, the more profound and systemic problems are incapable of solution by the WTO dispute settlement system or even by WTO negotiators alone. Instead, they would require broader international efforts.
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Donmez, Alara. "Developing countries participation in the WTO Dispute Settlement System: how to facilitate?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25022.
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This dissertation examines the developing countries participation and usage of the World Trade Organization's dispute settlement system. Although the World Trade Organization provides equal rights and obligation to enter into the dispute settlement process for all member countries, the litigation process is complex and costly for developing countries. There are various limitations for developing country participation when they want to use the dispute settlement mechanism and this dissertation mainly discusses the lack of legal and financial means of developing countries. In this regard, this dissertation examines possible solution which could increase developing country participation in the dispute settlement mechanism. These alternative resolutions may address the problem of the participation of developing countries in the dispute settlement system and it also try to develop a more effective working dispute settlement mechanism for developing countries. Therefore, World Trade Organization system could propose significant reforms in the Dispute Settlement Body which encourage developing country participation.
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Takahashi, Tsutomu. "International trade dispute settlement in GATT/WTO, with special reference to Japan." Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22679.
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The principal aim of this thesis is two-fold: to examine the way the GATT/WTO dispute settlement system has evolved, and secondly, to highlight those disputes in which Japan was involved. This later is done to demonstrate the clear transformation of Japan's attitude vis-à-vis its trade disputes falling within the GATT or WTO dispute settlement framework. Although the GATT dispute settlement mechanism has been fairly successful, the recent refinements have taken almost half century to accomplish: the GATT was gradually strengthened and finally superseded by the WTO which provides for a "judicialised" dispute settlement mechanism. This development has been hailed as providing for a much more "secure", "predictable" and "effective" system for settling trade disputes. Articles XXII and XXIII of the GATT and the Understanding on Rules and Procedures Governing the Settlement of Disputes constitute the core of the first part of the thesis. The case study, which is undertaken in part two of the thesis, is limited to those disputes in which Japan was a litigant party. Part one consists of 5 chapters: Chapters 1, 2 and 3 examine the old GATT and its dispute settlement system, including the Uruguay Round negotiations on dispute settlement. Chapters 4 and 5 discuss the WTO and its dispute settlement mechanism as clarified and codified in the Understanding. Part two consists of 3 chapters: Chapter 6 provides a brief description of the Japanese legal system; Chapter 7 and 8 discuss the cases in which Japan was a party. Although the aim of the case study is to provide a legal analysis of those cases, it also attempts to demonstrate the shift in Japanese trade policy regarding its disputes in the context of GATT on the one hand and the WTO on the other. The proposition put forward here is that such a shift has been from a "power-oriented" or "bilateral" to a more "rule-oriented" or "multilateral" one; thus reflecting the changes taken at the institutional level.
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Oliveira, Adriano Junior Jacintho de. "A interpretação de espécies normativas do direito internacional do meio ambiente pelo Órgão de Solução de Controvérsias da OMC." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-13102015-141252/.
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Os órgãos que compõem o Sistema de Solução de Controvérsias da OMC possuem competência para analisar reclamações fundadas nos denominados acordos abrangidos e formular conclusões e recomendações sobre a conformidade das medidas impugnadas com os referidos acordos. Para interpretar as disposições destes acordos, estes órgãos podem recorrer às regras costumeiras de interpretação previstas na Convenção de Viena sobre o Direito dos Tratados de 1969. Estas regras de interpretação, por sua vez, permitem àqueles órgãos recorrer a espécies normativas produzidas fora do contexto da OMC como subsídios para esclarecer o sentido dos termos das disposições dos acordos abrangidos. Ao se valer destas espécies normativas, os referidos órgãos estarão também, inevitavelmente, interpretando as disposições destes. Nesse contexto, esta pesquisa teve por objetivo analisar de que forma as espécies normativas tradicionais de Direito Internacional do Meio Ambiente (convenções, costumes e princípios gerais de direito) foram interpretadas pelos órgãos do OSC em três casos escolhidos para representar o problema. Os resultados da análise dos casos demonstraram que espécies normativas do Direito Internacional do Meio Ambiente são efetivamente admitidas no processo interpretativo dos acordos abrangidos, o que pode se dar de forma vinculante ou não, bem como podem influenciar efetivamente na interpretação destes acordos, confirmando-lhes o significado ou lhes atribuindo um significado não explícito, embora as conclusões desta interpretação nem sempre resultem em posicionamentos totalmente favoráveis às medidas unilaterais adotadas pelos Membros da OMC a título de preocupação ambiental.<br>The organs that make up the dispute settlement system of the WTO have power to examine complaints founded in so-called covered agreements and formulate conclusions and recommendations on the compliance of the contested measures with the agreements. To interpret the provisions of these agreements, these organs may make use of interpretation customary rules of the Vienna Convention on the Law of Treaties of 1969. These rules of interpretation, in turn, allow those organs resort to normative species produced outside the context of WTO as subsidies to clarify the meaning of the terms of the provisions of the covered agreements. By borrowing these normative species, those bodies will also inevitably interpreting the provisions of these. In this context, this study aimed to examine how traditional normative species of International Law of the Environment (conventions, customs and general principles of law) were interpreted by the DSB organs in three cases chosen to represent the problem. The case analysis results showed that normative species of International Law of the Environment are effectively admitted in the interpretive process of the covered agreements, which can occur in binding or not, and can effectively influence the interpretation of these agreements, confirming them the meaning or assigning them a no explicit meaning, although the conclusions of this interpretation does not always result in favorable positions to fully unilateral measures adopted by WTO Members in respect of environmental concern.
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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.
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Magister Legum - LLM<br>The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australia respectively. The paper also compares the solutions implemented by RSA and Australia with some internationally recognised solutions. Chapters two and three of the paper discuss the backgrounds and also analyse the solutions to ISDS that have been implemented by RSA and Australia respectively. Chapter four contains the main findings and arguments of the paper. It analyses the strengths and weaknesses of the ISDS solutions that have been implemented by RSA and Australia respectively. One of the main findings of the paper is that retaining the conventional ISDS regime is less beneficial to developing and least developed countries and more beneficial to developed countries, largely due to the differing levels of outward investments that are present in these categories of countries. The paper recommends, inter alia, that, unlike developed countries, developing countries and least-developed countries should abrogate the conventional ISDS regime and only retain it in particular circumstances as explained in chapter five. The paper recommends that ISDS should only be utilised where state-state arbitration would unnecessarily politicise an investment dispute. The paper also finds the use of domestic court as undesirable to investment disputes. The paper recommends mediation as a more balanced avenue for resolving investment disputes.
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Coelho, Carlos Frederico. "In Pursuit of Compliance: Lessons from the World Trade Organization's Dispute Settlement Mechanism." Thesis, Linköping University, Department of Management and Engineering, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-10119.
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<p>The purpose of this thesis is to examine if there is a problem with compliance in the World Trade Organization, to investigate the validity of the managerial and the political economy approaches to compliance and to analyze reform proposals that tackle the issue of compliance, pursuing improvement of the system.</p><p>Drawing on the scenario of increasing legalization and cooperation in trade, the first question is examined by way of interviewing trade experts and officials as well as analyzing case studies that are pertinent to the research at hand. The second question – if management is preferred to enforcement as to induce compliance – is answered by analyzing official WTO Dispute Settlement reports, interviews, case reviews and articles on retaliation and compliance written by different authors. The third question is answered as a reflection of the findings of the first two questions.</p><p>Analysis on the managerial theory of compliance examine whether enforcement plays a minor role in inducing compliance in the WTO, if there is a propensity to comply amongst states and if noncompliance is inadvertent rather than a result of calculation of interests. In the other hand, tests conducted on the enforcement approach to compliance investigate the importance of retaliation in WTO Dispute Settlement, the necessity of an enforcement tool and the claim that noncompliance is a political decision.</p><p>Tests conducted suggest that the enforcement school of compliance is correct when stating that noncompliance is a political decision, resulted from careful calculation of interests. The research indicates that the WTO Dispute Settlement presents a dual facet of compliance, in which the enforcement tool is responsible for allowing the managerial effects to take place. In this regard, the enforcement tool alone is seen as inappropriate, especially if economic asymmetries are present. An approach that accommodates both enforcement and managerial aspects is prescribed.</p><p>The research has indicated that successful reform proposals should aim at increasing the credibility of the threat of retaliation as to follow the diagnosis verified by the tests conducted.</p>
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Koesrianti, Koesrianti Law Faculty of Law UNSW. "The development of the ASEAN trade dispute settlement mechanism: from diplomacy to legalism." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/25165.
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In the late twentieth century international trade moved from a political multi-polar system based on the nation-state to a system featuring unified regional trading regimes. An inevitable feature of increased cooperation through bilateral, regional and international arrangements is the emergence of disputes over the interpretation and implementation of the agreed upon commitments. Accordingly, reliable mechanisms for the settlement of trade related disputes have become necessary to ensure the effective and continued functioning of these arrangements. Over the years these dispute settlement mechanisms have evolved from the relatively simple, diplomacy based structures called for in the GATT, to the detailed, legalistic, adjudication based mechanism found in the WTO. Bilateral and regional initiatives, such as NAFTA and MERCOSUR, as well as the EU, have similarly adopted dispute settlement mechanisms which adopt, in varying degrees, legalistic adjudicatory processes. Since 1967 ASEAN has spearheaded the creation of a regional trading bloc in the South East Asian region. As in other trading blocs, this has inevitable led to the need to develop effective and workable dispute settlement mechanisms. This thesis examines the development of trade dispute settlement mechanisms in ASEAN tracing its development from a model based on pragmatic diplomacy to a legalistic adjudicatory system with particular reference to the ASEAN context. It examines the extent to which the ASEAN context has influenced the content and the adoption of trade dispute settlement mechanisms in the region, as well as the extent to which the recently adopted 2004 Enhanced Protocol on Dispute Settlement can adequately address trade disputes in the region while remaining sensitive and responsive to the ASEAN context. Based on a comparative examination of dispute settlement mechanisms in other trade agreements, a range of key procedural issues are identified and examined with a view to identifying the prospects and challenges which ASEAN faces in the implementation of its dispute settlement mechanism. The thesis analyses the prospects and challenges of implementation the 2004 Enhanced Protocol on DSM.
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Magnússon, Bjarni Mar. "Dispute settlement and the establishment of the continental shelf beyond 200 nautical miles." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7809.
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One of the central purposes of the international law of the sea is to define various maritime zones, their extent and limits. One of these zones is the continental shelf. The continental shelf in modern international law has two aspects: The continental shelf within 200 nautical miles from the shore of coastal States and the continental shelf beyond that limit. The United Nations Convention on the Law of the Sea provides that information on the limits of the continental shelf beyond 200 nautical miles shall be submitted by the coastal State to a scientific and technical commission, namely the Commission on the Limits of the Continental Shelf. The Commission is responsible for making recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelves beyond 200 nautical miles. If the limits of the shelf established by a coastal State are on the basis of the recommendations, they are final and binding. The establishment of the continental shelf beyond 200 nautical miles has two main features: The establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States. Many questions concerning the relationship between these procedures have been left unanswered as well as the relationship between the Commission and international courts and tribunals. This thesis analyses the role of coastal States, the Commission and international courts and tribunals in the establishment of the continental shelf beyond 200 nautical miles and the interplay between them. It explores how the various sources of international law have contributed to the establishment of the current legal framework. The thesis explores the differences between the delineation and delimitation of the continental shelf beyond 200 nautical miles. It demonstrates that the role of the Commission is to curtail extravagant claims to the continental shelf beyond 200 nautical miles and protect the territorial scope of the international seabed area. It also shows that the role of international courts and tribunals in this field is essentially the same as their role in other types of disputes. It explains that the establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States is a separate process. Furthermore, it clarifies that the three-stage boundary delimitation method is applicable beyond 200 nautical miles. It also displays that no special rule of customary international law has evolved that is solely applicable to delimitations regarding the continental shelf beyond 200 nautical miles. The thesis addresses the interaction of the various mechanisms within the United Nations Convention on the Law of the Sea concerning the continental shelf beyond 200 nautical miles. Its main conclusion is that despite the possibility for tension to arise the relationship between the institutions is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
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Emens, J. D. "A FUNCTIONAL APPROACH TO UNDERSTANDING PANEL DYNAMICS IN THE W.T.O. DISPUTE SETTLEMENT PROCESS." Miami University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=miami1140809808.
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Chen, Chih Ching, and 陳稚卿. "Research on the Settlement of International Investment Disputes Especially on the Investor-State Dispute Settlement." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/ab4bqs.
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Chou, Keng-Cheng, and 周耿誠. "A Comparison between the WTO dispute settlement mechanism and the Investor-State Dispute Settlement (ISDS) Mechanism." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/r56598.
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碩士<br>國立臺灣海洋大學<br>海洋法律研究所<br>105<br>The dispute settlement mechanism of the WTO is the most successful dispute settlement mechanism in the world. Compared with the GATT period, the dispute settlement mechanism has a great improvement in the norms of fairness and procedure, and laid a good foundation for the WTO. Since 2002, China's accession to the WTO, they actively into the WTO to protect trade interests and promote economic development. How to use the WTO dispute settlement mechanism to safeguard its national rights and interests, then become an important issue.
At present, there are more than 3000 kinds of economic agreements in the world using ISDS as the terms of its dispute settlement. In the bilateral investment agreement, the use of ISDS mechanism is more common. Our country and our investors use the ISDS system to safeguard their own interests, Its importance.
The study found that the WTO dispute settlement mechanism was better able to play the trade rights between the parties under the WTO agreement than the GATT period. However, the developing countries were still limited to their own human, financial and legal expertise, and were unable to use them more effectively Dispute settlement mechanism. While the ISDS is widely adopted by multilateral agreements, its system may not play a quick and convenient effect. Under the initiative of the United States and the European Union, the ISDS system is included in the appeal system to correct the wrong judgment. This paper suggests that China should invest its limited resources in improving the trading system, fostering legal talents, enhancing the capacity of the dispute settlement mechanism, and strengthening the measures facing the settlement of disputes in order to use the dispute settlement mechanism to safeguard its own rights and interests.
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Mai, Ray, and 麥世弘. "Trade, Environment, and WTO Dispute Settlement." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/48156500353514470977.
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碩士<br>東吳大學<br>法律學類<br>85<br>Trade and environment is a new agenda in WTO. I discuss the
conflict of WTO and some international treaties ex.Wahington
Treaty, Basel Convention, etc.And Tawin is a special political
entity in the international society, so we must resolve the
problem of Taiwan that joins WTO. At last, I hope Taiwan can
get the right way to join the international society in the
future!
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Chow, Minn-Gan, and 周民淦. "The Dispute Settlement System of GATT." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/22984352072118702985.
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