|
|
Reform of the system of dispute resolution within the World Trade Organization
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
This thesis the Reform of the WTO Dispute Settlement System, deals with urgent questions about the most important system resolution in international economic law. The WTO Dispute Settlement was established in 1995 and since then it has become a prime example of evolution in the field of international dispute resolution. The system itself has indeed its flaws and therefore its critics. Even its "founding fathers" indented to conduct a reform of the mechanism after few years in action. However, the reform has not yet materialised. The aim of the thesis is to discuss the state of negotiations over the reform of the system, in particular in context of power and rule orientation, and to analyze possible causes of the current state. The thesis is composed of six chapters. Chapter One offers brief characterization of the WTO Dispute Settlement and its main document Understanding on rules and procedures governing the settlement of disputes (DSU), which is found in Annex 2 of the WTO Agreement. Chapter Two chronologically follows the so far unsuccessful development of DSU Revision in WTO. In international trade disputes, two ways of their settlement are recognised: power-oriented and rule-oriented. Both methods are described in Chapter Three. The Chapter Four focuses on the institutional dimension of the...
|
|
|
Common Agricultural Policy of the EU and the WTO: An impediment to further liberalization of world trade
Černý, Štěpán ; Rovná, Lenka (advisor) ; Urban, Luděk (referee)
The presented work "Common Agricultural Policy of the EU and the WTO: An impediment to further liberalization of world trade" deals with the EU's role of actor in global trade liberalization, to which the WTO is an institutional tool, with an emphasis on how and whether the experience of building a free European market was reflected in its inception. The area, to which the research was limited, agriculture and its foreign trade ramifications, not only represents a key source of strategic commodities for the physical survival of humanity as a species, but equally an essential factor in economic development of less developed countries of the world and also consume a significant part of the European common budget. Using comparison and confrontation of the WTO's legal-technical framework with the rules and principles of the CAP it notes the apparent inconsistency of the two systems, which is further pronounced in Europe, which played a key role in the creation of the WTO and its predecessor, GATT. The final case studies subject the details of deregulation of trade in certain agricultural commodities deeper analysis, with the aim of illustration of the hypotheses about apparent inconsistencies between the principles governing the CAP, and the rules governing international trade throughout the world. Analysis of...
|
|
|
Russia`s World Trade Organization entrance
Koláček, Ondřej ; Kučerová, Irah (advisor) ; Parízek, Michal (referee)
Why have Russia been accessing the World Trade Organization for 19 years? What were the main preconditions for hard negotiation, that took almost two full decades? The diploma thesis is written as a case study, analysing Russia's accession to the World Trade Organization from the economical point of view and political aspects of the negotiations. The data about new members after 1995 of the organization are used to verify the hypothesis. ! First part of the thesis is the analysis of the rules of the World Trade Organization for new members acceptance. The rules and processes strongly influence the final outcome of the negotiation. The economic indicators which are not set, the right of each member to veto and the operations of the working group on both bilateral and multilateral level are crucial. ! The second part is focused on the Russian accession to the organization itself. First is (being) researched the impact of applicant's economical influence based on the GDP. According to data about 30 applicants, which entered the World Trade Organization, there is no straight relation to the lenght of the process. Then the nine Schelling's categories of the negotiations were analysed. The most important is the continuos negotiation, defined as a parallel negotiation or a conflict between an applicant...
|
|
|
Regulation of International Trade: The Struggle of Multilateralism in the Era of Regionalism
Coňk, Daniel ; Cahlík, Tomáš (advisor) ; Benáček, Vladimír (referee)
Daniel Conk 5 January 2012 Thesis Abstract This thesis is an empirical research on the impact that preferential trade agreements have on the welfare of individuals and nation-states. As the number of preferential trade agreements has been growing steadily, the on-going clash between regionalism and multilateralism will be a key topic throughout the research. Fair trade movements have been becoming more popular over the fast few years as some organizations have strived to raise consumers awareness regarding the great disparities among the profit margins of the producers or farmers in developing countries in comparison to those of the merchants and distributors in developed countries. Even though quantitative data will be used in order to portray the growing economic inequalities present in today s world, arguments will also be supported on grounds of ethics and morals relating to social justice.
|
|
|
Decision of the World Trade Organisation: Questions of Interpretation and the Influence on International Trade Practice
Soukupová Ivančíková, Jitka ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Švarc, Zbyněk (referee)
The World Trade Organization ("WTO") and its dispute resolution systém is unique in the international economic law, reasons are following: (i) enforcement, (ii) two-level proceding, (iii) exclusive jurisdiction of the Dispute Settlement Body ("DSU"). DSU continues to follow the case law based on GATT 1947 however develops more complex rule of law. How successful DSB is in this task is subject of examination of the thesis. Thesis is divided into two parts: theoritecal and practical. First chapter explains aim of the DSU, comparison of procedural rules with GATT 1947. Following, the second chapter explains the hard law and procedural rules, function and aim of WTO, followed by ideas for improvement of the dispute settlement. Last chapter of this parts is dedicated to methods of interpretation. The second part, practical, analyses the case law of DSU from its establishment in 1995 until now. It analyses possible conflicts between agreements of WTO or conflicts that arise during acting based on the agreements. Among the first cases belong the discrepancies between main 3 agreements - GATT 1994, GATS and TRIPS and cases such as Canada - Periodicals or Argentina- Textiles and Apparel, Indonesia - Auto; another group of cases represents isme of conflict between WTO agreement and other agreement of public...
|
|
|
Horizontal liberalisation of free movement of services in the European Union
Břicháček, Tomáš ; Král, Richard (advisor) ; Tichý, Luboš (referee) ; Křepelka, Filip (referee)
The area of interest of the thesis is the horizontal liberalisation of the free movement of services based on Directives No. 2006/123/EC on services in the internal market, No. 2005/36/EC on the recognition of professional qualifications, No. 96/71/EC concerning the posting of workers in the framework of the provision of services and No. 2000/31/EC on electronic commerce. More precisely the main subject matter can be defined as the shift in the basic legal regime of free movement of services achieved through these four directives compared to the original state, i.e. the general regime under EU primary law as interpreted by the ECJ. The main objective is to analyze and critically assess the extent and significance of this shift. The basic questions are: To what extent is the resulting legal framework formed by the four horizontal directives different from the original situation? Is it merely a codification of the case law of the ECJ or a result of legislator's efforts to liberalise further the regime? To what extent does the liberalised regime enable or support abuse of free movement of services in order to circumvent the national law of the host state? The conclusions are as follows: Owing to the four directives most cross-border services are now covered by EU secondary law. All of these...
|
|
|
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...
|
|
|
World Trade Organization
Jirák, Jaroslav ; Borkovec, Aleš (advisor) ; Hraba, Zdeněk (referee)
The aim of the work was to describe transparently the development of GATT and first of all WTO. The comlexity and topicality was stressed as well as the influence on Czechoslovakia or the Czech republic now. The work is organized chronologically exept for the last part which is dedicated directly to the position of the domestic economy in the purview of international business. There was the highest effort to bring balanced information and to picture consenqunces they cause for international business GATT and WTO.
|
|
|
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.
|
|
|
Democratic Legitimacy of Global Economic Institutions (World Bank, IMF, WTO)
Krajník, Jan ; Parízek, Michal (advisor) ; Romancov, Michael (referee)
This paper addresses democratic legitimacy of the global economic institutions - The International Monetary Fund, The World Bank and The World Trade Organization. Considering formal aspects one of the main differences among them is the way of decision making. The WTO voting is based on country one, one vote principle whereas the IMF and the Bank represents weighted voting derived from the economic power. It is generally considered, that the egalitarian principle of the WTO is more democratic and brings better legitimacy. There are used three models of democracy to conceptualize what is meant by democracy a how is legitimacy gained. These are classical Athens democracy, Schumpeter's model competition of elites and modern concept of cosmopolitan democracy. With growing importance of these international organizations dealing with issues of monetary stability, economic development and international trade it is necessary to focus on them from the perspective of an individual citizen. For this reason, the Banzhaf index of power for each country related to its population is used to measure influence of individual citizen in these organizations. And from this perspective the WTO voting yields bigger disparities among citizens of different countries. Nevertheless different types of voting are not the key...
|
guest ::
