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The WTO Dispute Settlement Mechanism
SSRN Electronic Journal, 2003This working draft first considers issues relating to the philosophy of dispute settlement - what approach works best: one emphasizing settlement of disputes through negotiations or one emphasizing more judicial-like means. Next, it reviews the basis for dispute settlement under the General Agreement on Tariffs and Trade (GATT) and evaluates the ...
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Trade Disputes, Dispute Settlement Mechanisms, and Local Development
The Professional Geographer, 2013Dispute settlement mechanisms (DSMs), and the institutional architecture of free trade agreements, have been neglected in economic geography's contemplations of international trade or globalization. This article highlights the role of DSMs in free trade agreements, especially in relation to the World Trade Organization (WTO), and draws out some ...
Roger Hayter, Klaus Edenhoffer
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Aviation Dispute Settlement Mechanisms
SSRN Electronic Journal, 2010At the national and international level States have developed legal mechanisms to regulate every aspect of aviation industry. These regulations have substantially helped in development of legal framework for the aviation industry. The aviation industry, by its very existence, has a tremendous impact on the global economy.
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African Countries and the WTO's Dispute Settlement Mechanism
Development Policy Review, 2007The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the ‘rule of law’ within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub‐Saharan African country has yet used the option to initiate a dispute.
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Trade dispute settlement mechanisms: the WTO dispute settlement understanding in the wake of the GATT [PDF]
, 2005 A critical feature of the GATT Uruguay Round negotiations was the establishment of a new and more effective system of dealing with international trade disputes, known as the WTO Dispute Settlement Understanding (DSU). The original GATT dispute settlement system comprised rudimentary remnants of a more thorough framework contained in the defunct Havana ...
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NAFTA’s “Linchpin”: Dispute Settlement Mechanisms
2015In bringing about the largest bilateral trade relationship in human history (between Canada and the United States), North American integration wrestled against stubborn nationalistic practices and infinite bilateral feuds right from the very start—as the previous two chapters exposed over trade and investment.1 Not surprisingly, then, dispute ...
Imtiaz Hussain, Roberto Dominguez
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NAFTA Dispute Settlement Mechanisms and the Constitution
SSRN Electronic Journal, 2018The United States, Canada, and Mexico are renegotiating the North American Free Trade Agreement (NAFTA). If the three countries do reach a new agreement, constitutional issues raised by any dispute settlement mechanisms (DSMs) deserve careful consideration. Congress’ hearings prior to approving NAFTA failed to consider serious constitutional questions,
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NGOs and the WTO Dispute Settlement Mechanism
2005The participation of civil society in the WTO dispute settlement system is without doubt important not only for specialized experts in WTO law and practice, but also for experts of international law in general. In fact, the participation of civil society in the WTO Dispute Settlement mechanism reveals a general problem affecting all dispute settlement ...
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International Investment Dispute Settlement Mechanisms
2018Abstract This chapter begins by introducing the three institutions under whose auspices treaty-based investor-state arbitration proceedings have most commonly been conducted: the International Centre for Settlement of Investment Disputes (ICSID), the International Court of Arbitration of the International Chamber of Commerce (ICC), and ...
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