Trade, law, and development, Volume 4, Number 1, 2012 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Vol. 4, No. 1, 2012
|
|---|---|
| Penerbit | The Registrar : Jodhpur., 2012 |
| ISSN |
0976-2329
|
| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| Transparency and public participation in the WTO: A report card on WTO transparency mechanisms | Comparisons are drawn with other fora, particularly regional trade agreements and investor-state dispute settlement mechanisms. This transparency report and finds that on the whole the WTO track record compares favourably with that of other similar institutions. Nonetheless, some suggest that further work is warranted, particularly in the context of dispute settlement. The article concludes recalling practical suggestions that could help make the WTO even more transparent and further increase the public trust in its mission. | 19-44 |
| Going beyond stereotypes: Participation of developing countries in WTO dispute settlement | We then examine and assess the role of a range of factors commonly identified as constraints on developing country participation in WTO litigation: legal capacity, domestic governance, and the lack of domestic trade policy community, insufficient retaliatory power, the duration and complexity of WTO proceedings, the fact that many developing countries trade under preferential trade arrangements, and the threat of political retaliation by a defendant. We conclude that the greatest constraints today on developing country participation in WTO dispute settlement are situated at the domestic, rather than the multilateral level and thus requires, first and foremost, action by developing country government themselves. | 45-124 |
| The development of standards of appelate review for factual, legal, and law application questions in WTO dispute settlement | This paper discusses the development of standards of appellate review for factual, legal, and law application questions in appeals before the WTO Appellate Body. After explaining the distinctions between these kinds of issues, it traces the history of each in WTO dispute settlement. It also provides comparisons with certain national and regional legal systems. It concludes with some criticisms of Appellate Body jurisprudence and calls on WTO Members to consider bow the current approach is working. | 125-149 |
| Considering development in the implementation of Panel and Appellate Body reports | This article analyses how members, parties, disputes, arbitrators, Panelists, the Appellate Body, and the Dispute Settlement Body have addressed developmental claims and arguments in implementing proceedings. It finds that developing members have often argued that based on SDT provisions, their development status should have a bearing on the time for implementation (by themselves or by an opposing party). | 150-199 |
| Epistemic contests and legitimacy of the World Trade Organization: The Brazil-USA cotton dispute and incremental balancing of global interests | Based on a case study of the Brazil-Upland Cotton dispute and a trend analysis over 400 total WTO disputes, I find that the WTO dispute settlement process is helping to legitimize the institution of free trade through its public display of rational authority and neutral expertise. At the same time, dispute panels have begun to pass judgment on issues of econometric and scientific uncertainty. As a result, the basis for the broader legitimacy of WTO is shifting from questions of representation that have long term attention to epistemic attention to epistemic issues, especially concerning the design of international trade models. The article thus provide insights on the resolution of disputes in global trade while contributing to our understanding of the evolving role of modelling at international organizations. | 200-240 |
| WTO Dispute Settlement Body developments in 2010: An analysis | The improved effectiveness of the system has enabled member countries, both big and small, to exercise greater international legal scrutiny on the protectionist policies and practices of trading partners, thereby promoting a transparent and predictable environment that allows trade to flow more smoothly. | 241-250 |
| The neglected link between the legal nature of WTO rules, the political filtering of WTO disputes, and the absence of retrospective WTO remedies | This note examines the shortcomings of the conventional analysis of why the WTO dispute settlement mechanism has not equipped with retrospective remedies. In doing so, this note examines the neglected link between the underlying legal nature of WTO rules as international obligations of results instead of conduct, the ex ante governmental filtering of WTO disputes, and the absence of retrospective remedies at the WTO. | 251-267 |