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Cyprus Dispute Settlement after the EU accession: Renewed Negotiations and Future Development
Stasinková, Sandra ; Karásek, Tomáš (advisor) ; Kučera, Tomáš (referee)
STASINKOVÁ, Sandra. (2016). Cyprus Dispute Settlement after the EU accession: Renewed Negotiations and Future Development. Master thesis, Prague: Charles University, Faculty of Social Sciences, Institute of Political Studies. 65 p. Supervisor: JUDr. PhDr. Tomáš Karásek, Ph.D. The aim of this diploma thesis is to analyse the ongoing conflict in Cyprus, which became internal for the European Union in 2004, and consequently asses the role of the European Union in the conflict resolution, which is being evaluated according to the principles of mediation. The thesis is divided into four parts. Firtsly, we outline the escalation and the background of the conflict in Cyprus, which have led to the Turkish intervention and consequent division of the island. Secondly, we analyse the period of the European Union accession as a milestone in the development of the conflict. Following the EU accession, we deal with the overall role of the European Union in the conflict resolution and the Union's credibility in conflict managment in general in the third part of this thesis. Lastly, the fourth chapter focuses on the development of the conflict and character of the negotiations after Cyprus became the full member of the European Union. It also provides possible results from current negotiations and possible ways...
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Dispute resolution within WTO with regard to the enforcement of decisions
Machátová, Mariana ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Resume This thesis aims to evaluate the WTO dispute settlement system that deals with disputes arising between WTO members. It focuses on the final stage of this process, i.e. the compliance process and the judgement enforcement process. The main objective is to answer the question whether the methods of judgement enforcement are effective and successful and assess any shortcomings and offer possible solutions to overcome these shortcomings. The thesis is divided into seven chapters. In the opening passage the role of World Trade Organization is introduced as well as the need for a dispute resolution system and the main principles governing the system. Various WTO bodies involved in the decision-making process are also described in detail. The following three chapters deal with the dispute resolution process and procedure rules provided under the Dispute Settlement Understanding (DSU). The thesis explores all of the procedural stages of the dispute settlement and also all relevant procedural steps undertaken by the participants. These are not limited to the complainant and to the respondent but also encompass third parties and WTO bodies. The fourth and the fifth chapter of this thesis are dedicated to the compliance process and the judgement enforcement process either by means of compensation or suspension...
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Dispute resolution within WTO
Honzíková, Veronika ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Dispute Settlement in the WTO Veronika Honzíková Abstract The WTO dispute settlement represents a significant improvement compared to the dispute settlement system under GATT 1947, but is still considered as his successor. The mechanism under GATT 1947 had many weaknesses which resulted to the need of reform. The procedure under GATT 1947 was not contradictory and all members of the Dispute Settlement Body (DSB) were entitled to use the veto right when adopting the reports. The contracting parties were conscious of such weaknesses and they have agreed on a new dispute settlement system during the Uruguay round. The Dispute Settlement Understanding (DSU) is part of the Agreement Establishing the World Trade Organization. The new system remains inter-state mechanism and as a consequence, available only to the Member States, excluding individuals and business operators. The dispute settlement under WTO has become compulsory while leaving each member the choice between this standard procedure and other dispute modes, such as Good Offices, Conciliation, Mediation and Arbitration. The dispute settlement system has been unified and has become more judicial. It excludes national jurisdictions and means strengthening the multilateralism. The dispute settlement is administrated by the Dispute Settlement Body,...
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Procedural legal aspects of dispute resolution in international economic law
Jakabová, Katarina ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Katarína Jakabová Abstract ABSTRACT Procedural aspects of the dispute settlement in international economic law The dispute settlement in the international economic law of nowadays takes place under more institutionalized mechanism as in the past half-century. The aim is clear: better enforceability of the law (of the award) based on the fast and efficient "under one roof" procedure. This thesis focuses on the procedural aspects of the dispute settlement within the World Trade Organization (WTO), the International Centre for Settlement of Investment Disputes (ICSID) and the North American Free Trade Agreement (NAFTA). Each of these three organizations has its own special dispute settlement procedure, which is above all distinctive from the international trade law by having at least one (member) state as a party to a dispute. I have chosen WTO because it regulates the disputes on a state-state level arising from all the WTO agreements between all WTO members, which makes it the biggest (and very effective, let's admit) dispute settling platform worldwide. ICSID is the first and most popular mixed arbitration allowing a non-state party (an investor) to be a party to a dispute. And finally, NAFTA, even if it is on a substantial level complementing the WTO agreements, represents their competitive version on the...
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Conflict resolution within WTO
Voglová, Andreya ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The object of this work is first to describe evolution of the World Trade Organisation dispute settlement system, which originates from the dispute settlement system under the international agreement GATT 47. Originally it was the diplomatic system without explicit legal regulation, which changed into developed system based on legal regulation of the World Trade Organisation. Next part of this work consists of the analyse of current system regulated by the Dispute Settlement Understanding. The obligatory consultations remain a part of this system. If the agreement is not reached during the consultations, the two-stage proceeding by the panel of experts and by the Appellate Body takes part. The final part of the proceeding is implementation of the decision. Currently the review of the system is in process and many discussions on this issue takes place under WTO, so far with no conclusion. The last part of this work focuses on Banana case III.
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Analysis of EU´s trade disputes over beef produced using growth hormones
Bradáčová, Pavlína ; Štěrbová, Ludmila (advisor) ; Machková, Hana (referee)
The first chapter of the work deals with the circumstances that preceded the controversy on hormone-treated beef between the EU and the U.S. and the EU and Canada. The second chapter analyzes the international beef trade (production, consumption, imports, exports). Finally, the third chapter analyzes in detail the controversy over imports of hormone-treated beef into the EU, ie. the subject of the dispute, the parties, its result and outcome of the appeal. This chapter also discusses the reasons for the complexity of the dispute and its importance for the dispute settlement system under the WTO and for the SPS rules.
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Analysis of the WTO Dispute on Trade with GMOs
Everett, Kirstin Elizabeth ; Štěrbová, Ludmila (advisor) ; Zamykalová, Miroslava (referee)
In 2003 the United States filed an official complaint against the European Community at the World Trade Organization in regards to the ban imposed on GM crops within the EU, saying that there was no scientific defense for their point of view, and this had created barriers to trade. After one of the longest dispute settlement in WTO history, the body sided with the US and deemed the ban to be restricting free trade. Conflicting research on the safety of GM crops has further complicated the matter and many members of the EU are still choosing to ban GM crops in defiance of the WTO ruling.
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