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Dissertations / Theses on the topic 'Foreign trade regulation – Latvia'

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Published: 10 March 2023

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1

Konečná, Michaela. "Analýza příležitostí pro české investory v Lotyšsku." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2007. http://www.nusl.cz/ntk/nusl-221502.

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This master´s thesis deals with analysis of investment opportunities for czech investors in Latvia. In this work is realized analysis of geopolitical, economic and business environment in Latvia and in conclusion are suggested desirable sectors and opportunities of investments for czech investors in Latvia.

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Lanz, Jose I. "Import and export requirements and procedures Venezuela-United States." Online version, 2002. http://www.uwstout.edu/lib/thesis/2002/2002lanzj.pdf.

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3

Milam, Richard Thomas. "Essays on trade barriers in imperfectly competitive markets." Diss., Virginia Tech, 1991. http://hdl.handle.net/10919/39874.

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4

Olaki, Clare. "The feasibility of retaliation as a trade remedy under the WTO Dispute Settlement Understanding." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6062_1213863904.

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The main aim of the research was to determine the viability of retaliation as a trade remedy under the Dispute Settlement Understanding. It was to establish whether retaliation as a remedy is beneficial to the entire WTO membership and system. The specific objectives were: to examine the feasibility of damages as an alternative remedy to retaliation
to determine whether there is a need to revise the Dispute Settlement Understanding, for it to adopt a more development friendly approach to dispute resolution
to make recommendations regarding the improvement of the Dispute Settlement Understanding.

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5

Takamiya, Kenji. "Recently acceded members of the World Trade Organization : membership, the Doha Development Agenda, and dispute settlement." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709450.

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6

Solís, Olivares José Cuauhtémoc. "Trade and foreign investment liberalization and sustainable development in Mexico." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78229.

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This thesis analyses the interface between sustainable development and trade openings and the liberalization of foreign investment in Mexico. The position to be argued throughout this thesis is that the Mexican legal framework, crafted to avoid further degradation of the environment as required by sustainable development, has proven to be limited in meeting the objectives established in the North America Free Trade Agreement and its side accord, the North American Agreement on Environmental Cooperation. This thesis analyses the provisions intended for the protection of the environment within the North American Free Trade Agreement (NAFTA) and the outcome of NAFTA's Chapter 11 investors dispute resolution mechanism and the North American Agreement on Environmental Cooperation (NAAEC) citizens' submission process concerning Mexico.

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Dullabh, Nitesh Amratlal. "South Africa's post-apartheid foreign policy : towards a diplomacy of trade." Thesis, Rhodes University, 1994. http://hdl.handle.net/10962/d1002984.

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This thesis attempts to argue that a post-apartheid foreign policy will no longer be based on seeking legitimacy for the South African Government. Instead, it argues that if South Africa wants to grow, both domestically and nternationally, it will be imperative for it (South Africa) to move from an import substitution trade policy to an export-oriented trade policy. It is further suggested that the export-led strategy will be an important component for the promotion of South African international trade in the post-Cold War era. South Africa cannot improve the status of its trade regime by its own doing. It will require the support and assistance of international organizations and hence, the international community. Following the principles, rules and procedures of the General Agreement on Tariffs and Trade (GATT); it is argued, will help South Africa reconstruct its trade policies on the basis that they are free, fair and above all competitive. Furthermore, maintaining a constantly favourable relationship with the international community will allow easy access to international markets for South African goods and services, and eventually the smooth integration of the South African economy in the international political economy. This study, noting the importance of trade with a dedicated commitment to exports, concludes that although exports would flourish, there will be an immediate need for diplomats to be conversant with contemporary international trade developments. This would require diplomats to be innovative, steadfast and disciplined in their day-to-day negotiations. In the final instance, the role of trade in South Africa's future will ultimately be determined by its trade postures and the type of diplomacy to be used by its diplomats.

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Lanoszka, Anna. "The World Trade Organization (WTO) and the accession process testing the implementation of the multilateral trade agreements /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ66634.pdf.

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9

Hollard, Julie. "The removal of technical barriers to trade in the WTO era : a cause of gains and losses of power among national actors." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33359.

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The implementation of the 1994 GATT accords on technical barriers to trade led to an unprecedented level of trade liberalisation. Most countries have increased their economic interdependence. The role delegated to multinational enterprises has been considerably extended. It is suggested that they could become subjects of international law. Their participation in standardisation, eco-labelling and consultation programs increased. They also adopted private codes of conduct and have modernised the way they dialogue with regulatory authorities. One of the impacts of the Uruguay Round Agreements is a subtle reorganisation of forces within national economies. Tremendous responsibilities are progressively undertaken by private entities in domains where the state used to regulate unilaterally. The shift of power from public entities to private ones is discreet but has effects on all traditional sources of law. New forms of regulation on multinational enterprises need to be created. One of the main sources of innovation is a negotiated self-regulation

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Marinova, Yona Georgieva. "Bufurcation [sic] of parallel trade in the European Community /." Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted access until May 22, 2014, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25821.

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Marinova, Yona Georgieva. "Bifurcation of parallel trade in the European Community." Thesis, University of Aberdeen, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=25821.

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This thesis examines the regulation of parallel imports of trade marked goods in the European Community (EC), demonstrates its deficiencies and advocates its amendment by the Community legislator. The thesis identifies as a primary characteristic of the regulation the bifurcation of intra-EC and extra-EC parallel importation, that is to say, the fundamental divergence of the regimes of parallel imports coming from another EC Member State and imports coming from third countries. The split as to the rationale, justification and outcome of the two regimes is so substantial that it is viewed as the existence of ‘parallel regulations on parallel trade’ in the Community. The study establishes four different manifestations of this bifurcation, the most evident one concerning the fact that while internal imports are lawful under EC law, external ones could be repelled by the mark owner as trade mark infringement. It is submitted that this variable legal tolerance to parallel trade has been legitimised through the Community rule of limited, regional exhaustion of trade mark rights and the manner in which the European Court of Justice has interpreted its application. Against this background, the thesis raises three groups of legal arguments for reviewing the current Community exhaustion policy and implementing a rule of international trade mark exhaustion. They relate to trade mark law, competition law and certain proclamations of the importance of free unrestricted global trade, made by the Community on international level and in the EC context as well. Finally, the study complements the above legal arguments with socio-economic justifications in support of international exhaustion. The research suggests that the Community should consider the implementation of international trade mark exhaustion and carry out the necessary preparatory steps outlined by the study in this regard.

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Allen, Sara-Ruth. "International trade rules: a case of imperialism at work?" University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture.

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Zheng, Linlin. "Transitional product-specific safeguard mechanism in the WTO legal framework an analysis of its terms and application /." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B41290501.

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Linlin, Zheng. "Transitional product-specific safeguard mechanism in the WTO legal framework : an analysis of its terms and application /." View the Table of Contents & Abstract, 2008. http://sunzi.lib.hku.hk/hkuto/record/B40961199.

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Poulet, Julie. "Direct effect of the law of the GATT in the European Union, the United States and the consequences for the WTO." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78227.

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This aim of this thesis will be to first address the issue of the direct applicability of the GATT within the national framework, mainly through the use of an analysis of the considerations that such a denial of the direct effect of the GATT is based upon, to understand if there are real obstacles to its implementation, before examining the harmful effects this of denial. The analysis will focus on the situation in both the European Union and the United States, these two countries being two of the most important trade partners in the WTO, before suggesting various solutions that could be adopted to implement the direct effect of the GATT in order to benefit both individuals and the WTO members.
However, since WTO members are still highly opposed to the recognition of the direct effect of the GATT, the unlikelihood of its implementation, at least in a short term perspective, will lead to an analysis of the situation directly at the WTO level. This will permit us to further conclude, whether it would be possible to find solutions to palliate the problems arising out of the denial of the direct effect of the GATT at a national level. Indeed, in the last part of the analysis undertaken in this work, various ways to remedy the deficit of democracy will be explored, examining alternatively the best vectors that could be used: individuals or NGOs, in order to enhance the legitimacy of the WTO which is principally under attack.

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Pillay, Subramaniam Sithambaram. "Performance of the world tin industry : effects of the international tin agreements, 1956-85." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/30631.

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The thesis presents an analysis of the influence of the international tin agreements (ITA) on the world tin industry between 1956 to 1985. The ITAs, the first of which came into effect in 1956, were jointly operated by tin producing and consuming countries. The International Tin Council (ITC) used a buffer stock and export controls to maintain the price of tin within a band. This experiment in stabilizing tin prices ended in October 1985, when the ITC was unable to continue its operations because it ran out of financial resources. The study first analyzes the market structure of the world tin industry in some detail. Then an econometric model which attempts to capture the behaviour of supply, demand and price of tin over the 30 year period is constructed. Particular attention was paid to the estimation of the tin production functions for major tin producing countries. In many of these countries, the output of the tin depended not only on the price of tin but also on the policies of the ITC as well as the internal political environment of the country. The model is then used to simulate a scenario in which the ITC does not intervene in the tin market. The differences in the price and revenue levels between the actual and simulated scenario are computed. The simulation results show that the tin agreements succeeded in their objective of reducing the variability of price and producers' revenue. In addition, the average level of price and revenues under the ITC regime was higher than under the non-intervention scenario. In evaluating policy options, it was shown that the establishment of a cartel is not viable in the long term for both economic and political reasons. The recommended policy options include improving access to futures markets, providing better transparency of tin market operations, the establishment of government policies which provide better incentives for tin mining and tin using industries in the major tin producing countries and continued efforts in research and development with the aim of lowering costs of production and increasing the uses for tin.
Business, Sauder School of
Graduate

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Simiyu, Edwin Jairus. "The impact of trade liberalisation on Kenya." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20244.

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This study examined the impact of trade liberalisation on Kenya. It analysed the influence of trade liberalisation on trade creation, trade diversion, exports, imports, revenue effects and welfare effects. The developments in trade liberalisation and free-trade economic arrangements were introduced in Kenya and many developing countries in the early 1980s and strengthened from 1990s onward. The short term effects of the structural-adjustment programs were characterised by poor balance of payment conditions, high levels of unemployment, contraction of the imports from other countries, and government revenue losses, among other social problems. Notwithstanding the dismal performance of the Kenyan Economy after liberalisation, the Kenyan government continued to liberalise its trade under various frameworks such as the Economic Partnership agreements (EPAs) with the European Union, the World Trade Organization (WTO) and various bilateral free-trade agreements (BFTA) with its largest trading partners. This study used the World Integrated Trade Solutions-Software for Market Analysis and Restrictions on Trade (WITS/SMART) using 2008 as the base year. This method was used mainly because of its strengths to analyse the tariff effects of a sole market on disaggregate product lines. In addition the WITS/SMART model is able to analyse the impact of trade liberalisation in scenarios of imperfect substitutes. Hence, this study used the WITS/SMART Model to examine the trade liberalisation framework for Kenya under comprehensive implementation of COMESA customs Union, COMESA FTA, WTOFTA and the EPAs. The comparative valuation of the trade-creation effects reveals that the WTOFTA expected the highest trade-creation effects of US$995.16 million. This was followed by the various bilateral free-trade agreements which had a trade-creation effect of US$333.04 million, then COMESACU which had a trade-creation effect of US$310.50 million followed by the EPAs with a value of US$129.45 million. COMESA FTA was expecting trade-creation effects valued at US$15.51 million. These trade-creation effects are expected to cause unemployment through de-industrialisation. This study has also noted that WTO FTA and COMESA CU had no evidence of trade diversion. However, BFTA, EPAs and COMESA FTA showed evidence of trade diversion of US$134.88 million, US$89.28 million and US$2.61 million respectively. This study also examined the possible revenue effect from the free-trade agreements and customs union. It was noted that most losses emanated from the WTOFTA, which was valued at US$817.15 million. This was followed by the COMESACU protocol, which is expected to register a loss amounting to US$327 million. The third free-trade agreement with the highest losses comprised the various BFTAs amounting to US$304 million. The forth probable losses were anticipated from EPAs amounting to US$142 million. The free-trade agreement with the least losses is COMESA FTA with an expected loss of US$7.88 million. The consumer welfare effect was done to assess if consumers benefitted from trade agreements. This study observed that the WTOFTA expected the highest consumer welfare effect of US$103.98 million. This was followed by the various COMESACU with an expected consumer welfare effect of US$56.27 million. The BFTA were the third with a consumer welfare effect of US$ 41.82 million. This was followed by the EPAs with a consumer welfare value of US$ 17.56 million. The trade protocol with the least-expected consumer-welfare effect was the COMESA FTA valued at US$ 1.60 million. Although welfare gains resulting from the anticipated trade agreements were an indication of potential benefits to Kenyans, they were insignificant. This study also analysed the export performance from five different trade agreements and their impact on Kenya. The BFTA expected an export value US$4.63 billion, followed by the EPAs with an expected export value of US$2.18 billion. The third largest export values was WTOFTA with an export value of US$12.12 billion, the fourth being COMESAFTA having an export value of US$ 434.28 million and finally COMESACU with an expected export value of US$394.14 million. The study showed that major exports were composed of minerals, tobacco and agricultural products dominating the export basket. The export destinations were expected to be the WTO members, which include Uganda, Congo, Egypt, Rwanda, Sudan and Zambia. Kenya expected an increase in imports mainly from the WTO amounting to 8.95 per cent. This was followed by the BFTA rated with an expected 3.2 per cent growth in imports. The third protocol expecting import growth was the COMESACU of 2.8 per cent import growth and the EPA with 1.16 per cent import growth, and finally, 0.07 per cent import growth from the COMESA FTA. The expected increase in imports is anticipated to create balance of payment problems for Kenya. The results of the study show that the welfare gains from trade liberalisation were not able to compensate for the revenue losses. The study also showed that Kenya was not able to make optimal use of trade liberalisation to expand its export destinations; as the COMESACU was expected to reduce exports. In light of these findings, the study recommends that measures aimed at boosting exports like strengthening of the Export Processing Zones, export subsidies, the establishing of supply-side facilities, trade financing plus strengthening of the export-supporting institutions. It is important to note that the findings of this study provide an opportunity for Kenya, and other developing countries, to implement measures to ensure that they achieve optimal benefits from the various regional trade agreements.

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Jaafar, Ahmad Sobri. "Import competition and foreign direct investment in the U.S. manufacturing industries : an empirical analysis /." free to MU campus, to others for purchase, 1997. http://wwwlib.umi.com/cr/mo/fullcit?p9841303.

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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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Aims of the research paper is to examine the legal framework
of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant

is a developing country.

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Evans, Peter C. "International regulation of official trade finance competition and collusion in export credits and foreign aid /." Thesis, View report (non-printable), 2005. http://dspace.mit.edu/bitstream/1721.1/33684/1/64631402.pdf.

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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Political Science, 2005.
Title from title screen (viewed July 6, 2007). Includes bibliographical references (p. 333-362). Also issued in paper format.

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Nadeau, Christian. "The regulation of foreign direct investment in Mexico and the North American free-trade agreement." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22506.

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This thesis*, after presenting an overview of Mexico, examines the new business environment prevailing in Mexico focussing on the laws and regulations affecting foreign investments and and foreigners in Mexico. It then compares Mexico's foreign direct investment (FDI) regulations with those of Canada and the United States in relation to the Canada-U.S. Free Trade Agreement of 1988. Since Mexico's FDI concerns and policies are similar those of Canada, this comparison provides useful perspectives for a prospective analysis of acceptable FDI regulations in a North American Free Trade Agreement (NAFTA).
The adoption by Mexico of industrialized country standards and principles has led to the negotiation of a NAFTA between Canada, the United States and Mexico. Further investment liberalization will be a major part of the price Mexico will need to pay for the sucessful conclusion of NAFTA. Such liberalization will benefit Mexico's development provided that it retains a few of the prevailing restrictions and the legal means to implement future policies on investment, thus ensuring for itself a part of the benefits of FDI. (Abstract shortened by UMI.) ftn*This thesis encompasses all regulations in place before March 31, 1992.

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Senona, Joseph M. "Human rights and the WTO: Incorporation or cooperation? Is there a need for an agreement on trade-related aspects of human rights?" Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=init_7812_1177925661.

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The main objective of this paper was to explore and evaluate the viability of incorporating the promotion, enforcement and protection of human rights within the WTO agenda, mandate and framework. It further aimed to investigate the viability of accelerating multilateral cooperation amongst international major role players, thus assessing and evaluating the kind of cooperation necessary for the adequate protection and enforcement of human rights by the WTO and major role players involved.

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Cordonier, Segger Marie-Claire. "Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.

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Grimett, Leticia Anthea. "An analysis of selected World Trade Organisation agreements to determine whether they discriminate unfairly against developing economices." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008368.

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The focus of this thesis is the question whether or not the WTO discriminates unfairly against developing economies. In the absence of a test of guidelines for detennining unfairness or fairness of WTO provisions or Agreements has been drawn up using welfare economic and constitutional law principles as a foundation. Unfairness is therefore determined by asking whether the provisions of each Agreement are rational, proportional, efficient and whether they prevent the abuse of power amongst states. In addition, the economic effects of the provisions of the selected Agreements have been analysed to determine whether the relevant provisions are welfare enhancing and conclusive to promoting growth and development within developing economies. The Agreements chosed for analysis are the Agreements on Trade-related Investment Measures (TRIMS), Trade-related Intellectual Property (TRIPS), Agriculture and Services (GATS). The dispute settlement and negotiating process, labour standards and the impact of decreasing most-favoured nation rates on developing economy competitiveness is also discussed. Application of the test has shown that the WTO provisions do not reflect the interests of all members. Even though most member states are developing economies, the3 Agreements constantly cater foe developed country concerns and interests. Where provision is made for developing country interests, it is the LDC's who are favoured, with nonnal developing economies being bound by the same provisions as the developed economies. A fonnal, as opposed to a substantive, defmition has been adopted by the WTO, with a result that the process of equality is placed above the outcomes. While concessions have been made to development, members have not gone for enough. A main reason for the imbalance can be attributed to the negotiating process, which is based upon concessionary bargaining and trade-off. Those states with greater economic power are therefore at an advantage as they have the leverage needed to influence the outcomes of negotiations and hence the provisions of the various Agreements. Even with the LDC's, the WTO has been found to discriminate unfairly against developing economies because it does not adequately address developing country concerns.
KMBT_363
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Kimura, Keiki 1955. "An analysis of the Japanese voluntary export restraint upon automobiles to the U. S. and Canada : an investigation of its impacts upon international, bilateral and domestic legal frameworks for safeguard measures." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65419.

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Cassimatis, Anthony Emanuel. "The legality of trade measures taken by states in response to human rights violations in other states /." St. Lucia, Qld, 2003. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18006.pdf.

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Sharma, I. Prakash Carleton University Dissertation Economics. "Import quota and product quality; the case of the Canadian clothing industry." Ottawa, 1992.

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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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Zheng, Linlin, and 鄭霖霖. "Transitional product-specific safeguard mechanism in the WTO legal framework: an analysis of its terms andapplication." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B41290501.

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Romagosa, Christina M. Guyer Craig. "United States commerce in live vertebrates patterns and contribution to biological invasions and homogenization /." Auburn, Ala, 2009. http://hdl.handle.net/10415/1711.

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Jacobs, Abdul Karriem. "The emergence of trade in services as an emerging, international trading commodity from a South African perspective." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The reason for highlighting the difference between GATT and GATS is to focus on the impact of these agreements on the developing countries and in particular the latter will be the main focus of this paper. The economies and governments of the developing states are struggling to generate sustainable capitol growth and maintain financial stability to enhance economic growth. This is due to dictators who rule in such a manner to maintain power irrespective of the future economic viability of their state. Thus the environment for sustainable economic growth is wrath with political instability, lack of proper financial control and eagerness to attract foreign investment and allowing market access to developed states.

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Zvidza, Tinevimbo. "Dumping, antidumping and the future prospects for fair international trade." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/100.

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More than a century has passed since Canada adopted the first antidumping law in 1904. Similar legislation in most of the major trading nations followed the Canadian legislation prior to and after the World War II. Antidumping provisions were later integrated into the General Agreement on Tariffs and Trade (GATT) after the said war. Today, nearly all developed and developing countries have this type of legislation in place within their municipal legal framework. The subject of antidumping has received growing attention in international trade policy and has become a source of tension between trading nations. This is evident in the substantial increase of antidumping actions since the establishment of the WTO. Antidumping policy has emerged as a significant trade barrier because of its misuse by both developed and developing countries. The primary instruments governing antidumping actions are GATT Article VI and the Antidumping Agreement (ADA). The ADA contains both the substantive and procedural rules governing the interpretation and application of the instrument. Its purpose is to ensure that the instrument is used only as a contingency measure judged upon merit and not as a disguised protectionist device. Given the growing number of countries participating more actively in the world trading system and the notorious misuse of antidumping provisions, there is a vital need to critically analyse the key provisions of the said instruments. This study is an attempt at that academic enterprise. It concludes by giving proposals for future reform of both real and potential future reform of the current WTO antidumping regime. Dumping, antidumping, antidumping regulation, antidumping duties, like products, dumping margin, zeroing, facts available, protectionism, ADA.

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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&amp.

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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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Yeukai, Chandaengerwa. "Trade promotion vs the environment: Inevitable conflict." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This study unveiled the trade-environment debate which has been revolving in the World Trade Organization for quite a long time now. While economic integration and trade liberalization offer the promise of growth and prosperity, environmentalists fear that free trade will lead to increased pollution and resource depletion. On the other hand, free traders worry that over-reaching environmental policies will obstruct efforts to open markets and integrate economies around the world. Trade liberalization has the potential to affect the environment both positively and negatively. Trade and environment tensions have therefore emerged as a major issue in the debate over globalisation. This paper examined the contours of these tensions and argued that trade policy and environmental programs can be better integrated and made more mutually supportive.

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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.
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.
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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Sherman, Richard Scott. "Managing political exchange : multilateralism in global trade policy /." Thesis, Connect to this title online; UW restricted, 1996. http://hdl.handle.net/1773/10737.

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Mutai, Henry Kibet. "The regulation of regional trade agreements : harnessing the energy of regionalism to power a new era in multilateral trade /." Connect to thesis, 2005. http://repository.unimelb.edu.au/10187/529.

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This thesis examines the regulation of regionalism by the WTO and the formation and operation of regional trade agreements by developing countries. In particular, this work focuses on regional integration in Eastern and Southern Africa. The aim of the thesis is to assess the effectiveness of the relevant legal regimes and determine ways in which they can be made more effective, both in terms of their impact on state conduct and in terms of their impact on the economic welfare of the states concerned. The thesis argues that, with regard to the WTO legal regime, the exemption from the application of Article XXIV, GATT 1994 given to developing countries by the Enabling Clause has contributed to the lack of effectiveness of the WTO regime. For developing countries, on the other hand, the Enabling Clause has deprived them of the legal discipline required to establish effective free trade areas and customs unions. This latter argument is examined through a case study of the Common Market for Eastern and Southern Africa (COMESA). The thesis contends that for COMESA countries to engage in meaningful trade liberalisation, and to participate fully in the WTO, acceptance of greater legal discipline is critical. Such legal discipline can be obtained through compliance with Article XXIV.

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Pförtner, Michael. "Das nordamerikanische Freihandelsabkommen eine realwirtschaftliche Analyse /." Ludwigsburg : Wissenschaft & Praxis, 1995. http://catalog.hathitrust.org/api/volumes/oclc/33668499.html.

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Guan, Yunxiang. "WTO's impact on China's periodical media." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ59173.pdf.

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Bidie, Simphiwe Sincere. "The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS): a developmental perspective." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/338.

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The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.

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Chigavazira, Farai. "The regulation of agricultural subsidies in the World Trade Organization framework : a developing country perspective." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/1874.

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The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of tradedistorting agricultural subsidies and thereby reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies in the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising food security especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries who continue to subsidize their agricultural sector. This position of the developing countries in the global trade system which has been described as weak, has drawn criticism that the WTO as it currently operates does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting has grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ belvedere. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies with a view to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is behind the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.

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Konduru, Srinivasa Prasad Kalaitzandonakes Nicholas G. "Three essays on the potential economic impacts of biotech crops in the presence of asynchronous regulatory approval." Diss., Columbia, Mo. : University of Missouri--Columbia, 2008. http://hdl.handle.net/10355/6642.

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Title from PDF of title page (University of Missouri--Columbia, viewed on March 8, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dissertation advisor: Dr. Nicholas Kalaitzandonakes. Vita. Includes bibliographical references.

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Pelc, Krzysztof J. "The cost of wiggle-room on the use of flexibility in international trade agreements /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/463166578/viewonline.

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Côté, Charles-Emmanuel. "La participation des personnes privées au règlement des différends internationaux économiques : le cas de l'élargissement du droit de porter plainte à l'Organisation mondiale du commerce." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102239.

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This dissertation explores the legal issues raised by the participation of private persons in the settlement of international economic disputes, using the potential enlargement of legal standing in the World Trade Organisation (WTO) as a case study. In the first part, a typology of the special regime of responsibility of WTO Members is drawn, to serve as a "normative bridge" between the twin phenomenon of legalisation of international trade relations and judicialisation of international trade dispute settlement. In the second part, a comparative study of the participation of private persons in the settlement of international economic disputes is conducted, using the doctrine of diplomatic protection from general international law as the analytical framework. This permits an inventory of the various means of private participation in the current practice of States, as well as shedding light on the main systemic problems that are raised, notably in the field of foreign direct investment, where important developments have taken place. In the third part, a study de lege feranda on the enlargement of legal standing in the WTO dispute settlement mechanism is undertaken. The study is rooted in the previous analysis of the special regime of responsibility of WTO Members and the comparative survey on the participation of private parties in the settlement of international economic disputes. The dissertation demonstrates that the problems concerning private persons in the current mechanism should not be answered by offering them direct access to the WTO, but rather by refocusing attention on the central role of the State in the mediation of diverging interests in the governance of the world trading system. It proposes as a conclusion that WTO Members should instead look into formalising the process of handling private complaints at the domestic level.

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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.
"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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Dube, Memory. "Liberalisation and regulation of trade in the Southern African Development Community (SADC) : a critical analysis of the SADC trade protocol's provisions and its implementation." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1008204.

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The Southern African Development Community (SADC) declared a Free Trade Area on 17 August 2008. The Free Trade Area is the ultimate objective of the Trade Protocol on trade cooperation in SADC, signed in 1996. The Protocol is supported and complemented by the ambitious Regional Indicative Strategic Development Plan (RISDP). The idea behind the SADC Trade Protocol was to counter the developmental challenges facing SADC member states and to improve the productive and trade capacity of SADC countries. The implementation of the SADC Free Trade Area has been guided by the WTO/GATT regulatory framework on regional trade agreements, particularly GATT Article XXIV, the Understanding on the Interpretation of GATT Article XXIV, as well as the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause). This research seeks to analyse the SADC Trade Protocol's provisions and the implementation of such provisions. To facilitate an understanding of factors that affect the implementation of the SADC Trade Protocol, SADC's institutional and operational framework is discussed from a legal-historical perspective. The provisions of the Trade Protocol are analysed for compliance with WTO/GA TT rules as well as for applicability within the SADC context. The provisions of the WTO/GA TT regulatory framework on regional trade agreements are also analysed with a view to determining whether they are applicable in developing country situations such as SADC. The Free Trade Area is seen as the first step towards regional economic integration in the region and is to be followed by a Customs Union, a Common Market and then eventually an Economic Community with its own central bank and regional currency. It is envisaged that the region will proceed through all these traditional theoretical phases of economic integration between 2008 and 2018. The implementation of the Trade Protocol has been beset with institutional, administrative and infrastructural challenges which pose obstacles to the attainment of the other stages of economic integration in the time frames prescribed in the RISDP. These challenges are assessed for impact on the regional economic integration of SADC by evaluating the progress towards implementing the Trade Protocol provisions and the implementation of measures taken towards the launch of the Free Trade Area. Emerging issues are also identified and analysed for their effect on the Free Trade Area and the general economic agenda of SADC. Of particular note is the Economic Partnership Agreements (EPAs) being negotiated with the European Union where SADC countries are negotiating in four different configurations. An analysis of this EPA situation reveals that it compounds a pre-existing problem: that of overlapping membership of regional trade agreements. Prior to the EPAs and the intensified drive towards the creation of the Customs Union, there was largely no need to rationalise the overlap in regional trade agreement memberships, but it is now a matter of urgency. The overlap in membership has complicated EPA negotiations and places serious doubts on the prospects of complete regional integration in SADC.This research concludes with observations on South Africa's complicated relationship with her SADC neighbours. South Africa's trade policies, as regards both the SADC region and the world, are discussed. Because of its political and economic dominance, South Africa's policies have a ripple effect on the rest of SADC; hence the need for South Africa to be vigilant in formulating and implementing its trade policies.

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Jacyk, David William. "Arbitration in WTO disputes : the forgotten alternative." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32137.

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The creation of a binding adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its rulings, there have been enough failures to raise concerns about compliance with WTO rulings. This in turn endangers the long term viability and legitimacy of the WTO as a decision-making body. This thesis explores the possibility of more effective integration of arbitration as a means of dealing with a small number of problematic cases where compliance with a ruling is doubtful. It considers arbitration as an alternative to what has effectively become an institutionalized litigation system involving panels and the Appellate Body, and as an adjunct to the diplomatic resolution of disputes, particularly for policy driven cases where compliance with WTO rulings is more doubtful. While proposals for the use of arbitration made during the Uruguay Round of negotiations leading to the creation o f the WTO have been realized in the provisions of the DSU, arbitration has never been effectively tested as a true alternative. Further, arbitration as an alternative to the litigation system has been almost entirely ignored in the context of the current debate over reform of the WTO dispute settlement system. After over a decade of WTO decision making, it is now an opportune point to consider meaningful institutional reform that more fully incorporates arbitration as an alternative form of dispute settlement at the WTO in politically difficult cases, and that builds on the existing but underused arbitration provision in Article 25 of the DSU. This thesis challenges the predominant bias towards the litigation system involving panels and the Appellate Body as a one-size-fits-all solution. It explores the potential role of arbitration, in the context of compliance theories, a historical review of the negotiations during the Uruguay Round, and an analysis of the shortcomings of the current DSU that contribute to the problems of non-compliance.
Law, Peter A. Allard School of
Graduate

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Debʼi, Fadi al. "Überseekauf und Abladegeschäft /." Berlin : Duncker & Humblot, 2008. http://d-nb.info/987618431/04.

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Chimeri, Vongai. "The WTO agreement on technical barriers to trade : a critical appraisal of its implementation within the Southern African Development Community." Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/2855.

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The World Trade Organisation Agreement on Technical Barriers to Trade (TBT Agreement) was crafted with the aim of ensuring that technical regulations, standards and conformity assessment procedure do not constitute unnecessary obstacles to international trade. Southern African Development Community (SADC) countries have since ratified this Agreement and took a step further to incorporate its principles into the Technical Barriers to Trade Annex to the SADC Protocol on Trade. Despite this effort, SADC countries are still grappling with implementing the TBT Agreement in their domestic frameworks. Consequently, technical barriers to trade have become impediments to both regional and international trade. It is in this context that this study aims to examine the implementation of the TBT Agreement within the SADC. The study answers the question what are the challenges facing SADC Member states to fully implement the TBT Agreement? The study demonstrates that SADC Member face challenges which include of lack adequate resources, technical expertise and enforcement mechanisms to effectively implement the TBT Agreement. In the finality, the study recommends SADC Member states to deepen regional integration in order to collaborate on matters relating to technical barriers to trade within the region. Member states should also share information and learn from the experiences of other countries on how to effectively implement the TBT Agreement. Further, government officials should be educated on trade-friendly regulations that do not compromise on the principles of the TBT Agreement. To this end, regulatory impact assessments should be established in order to assess the trade effects of both new and old regulations. Effective enforcement mechanisms should also be introduced in order to coerce Member states to comply with their regional obligations. By effecting these recommendations, SADC states have the opportunity to eradicate technical barriers to trade thereby increasing both regional and international trade.

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Then, de Lammerskötter Rosario. "WTO und Regional Trade Agreements (RTAs) : Artikel XXIV und die enabling clause im Lichte eines idealen Regulierungssystems /." Münster : LIT, 2004. http://www.gbv.de/dms/sbb-berlin/387731849.pdf.

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